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Home My WebLink About1999 Code Supplement - 03/15/1999GENERAL CODE PUBLISHERS CORP. INSTRUCTIONS Town of Southold Code Supplement No. 125 The enclosed new and/or replacement pages should be placed in your Code volume immediately! The dateline, on the bottom of the page, does not indicate the adoption date of the Code changes, but rather identifies the pages printed with this supplement. This instruction page should be placed in the front of your Code volume. ' REMOVE INSERT Table of Contents, Table of Contents, vii - viii vii - viii 601-602 601-602 602.1— 602.2 613--614 613-638 4503 —4506 4503 —4506 4506.1 4506.1— 4506.2 4801 — 4814 4801— 4817 9216.5 — 9216.6 9216.5 — 9216.6 9216.6.1 9216.6.1 9223 —9224 9223— 9224 9228.1 9229 —9230 9229— 9230 9230.1— 9230.2 9230.1— 9230.2 9230.2.1 9230.2.1 9703 —9706 9703 —9706 970.6.1— 9706.5 •, 10015— 10018 10015— 10018 10018.1-10018.2 10018.1-10018.2 10031-10034 10031-10034 10034.1-10034.2 10034.1-10034.2 10041-10044 10041-10044 10096.11-10096.12 10096.11-10096.12 10096.12.1 3-15-99 REMOVE 10167 Supplemental Index, SI-1—SI-17 INSERT 10167 Supplemental Index, SI-1—SI-18 • Legislation, by number or date of adoption, included in this supplement: L.L. Nos. 20-1998; 21-1998; 22-1998; 23-1998; 24-1998; 25-1998; 26-1998; 27-1998; 28-1998; 29-1998; 1-1999; 2-1999; 3-1999. 3-15-99 ,. f • • TABLE OF CONTENTS PART I ADMINISTRATIVE LEGISLATION CHAPTER PAGE 1. General Provisions ....................... 101 Article I Adoption of Code Article II Legislation Enacted During Codification 2. (Reserved) ................................. 201 3. (Reserved) ................................ 301 4. Assessors ................................ 401 Article I Election Article II Number 5. (Reserved) ................................ 501 6. Community Preservation Fund ............ 601 Article I Southold Community Presservation Fund Article II Southold Community Preservation Project Plan Article III Community Preservation Fund Advisory Board Article IV Two -Percent Real Estate Transfer Tax 7. Committees, Appointment of .............. 701 8. Defense and Indemnification of Employees ............................... 801 9. (Reserved) ................................ 901 10. Ethics, Code of .......................... 1001 11. Expenses of Town Officers ................ 1101 12. (Reserved) ............................... 1201 13. (Reserved) ............................... 1301 14. Local Laws, Adoption of .................. 1401 15. (Reserved) ............................... 1501 16. Officers and Employees .................. 1601 Article I Town Clerk Article II Superintendent of Highways Vii 3-15-99 SOUTHOLD CODE CHAPTER PAGE 17. (Reserved) ............................... 1701 18. Police Department ....................... 1801 19. (Reserved) ............................... 1901 20. (Reserved) ............................... 2001 21. (Reserved) ............................... 2101 22. (Reserved) ............................... 2201 23. (Reserved) ............................... 2301 PART H GENERAL LEGISLATION 24. Alarm Systems .......................... 2401 25. Agricultural Lands Preservation .......... 2501 26. Appearance Tickets ...................... 2601 27. (Reserved) .............................. 2701 28. Bicycles ................................. 2801 29. (Reserved) ............................... 2901 30. Bingo and Games of Chance .............. 3001 Article I Bingo Article II Games of Chance 31. (Reserved) ............................... 3101 32. Boats, Docks and Wharves ................ 3201 Article I Obstruction and Use of Town Waters Article II Public Docks Article III Boats Article IV Floating Homes Article V Administration and Enforcement 33. Fishers Island Harbor Management ....... 3301 34. (Reserved) ................................ 3401 35. (Reserved) ............................... 3501 36. Burning, Outdoor ........................ 3601 Viii 5-15-99 • • Xi) -j 1ulil-INk00WOU10DW01z WWWn—INNS: Chapter 6 COMMUNITY PRESERVATION FUND 601 3-15-99 ARTICLE I • Southold Community Preservation Fund § 6-1. Title. §§ 6-2 through 6-6. (Reserved) § 6-7. Findings. §§ 6-8 through 6-11. (Reserved) § 6-12. Legislative purpose. §§ 6-13 through 6-15. (Reserved) §§ 6-17 through 6-19. (Reserved) ( § 6-20. Southold Community Preservation Fund established. §§ 6-21 through 6-23. (Reserved) § 6-24. Purposes of fund. §§ 6-25 through 6-27. (Reserved) § 6-28. Acquisition of interests in property; public hearing and other requirements. §§ 6-29 through 6-31. (Reserved) § 6-32. Management of lands acquired pursuant to chapter. • §§ 6-33 through 6-35. (Reserved) § 6-36. Alienation of land acquired using fund moneys. §§ 6-37 through 6-38. (Reserved) § 6-39. Severability. 601 3-15-99 SOUTHOLD CODE § 6-40. Effective date. ARTICLE II Southold Community Preservation Project Plan §§ 6-41 through 6-44. (Reserved) • § 6-45. Legislative findings; purpose. §§ 6-46 through 6-49. (Reserved) § 6-50. Community preservation project plan adopted. §§ 6-51 through 6-53. (Reserved) § 6-54. Severability. § 6-55. When effective. ARTICLE III Community Preservation Fund Advisory Board §§ 6-56 through 6-59. (Reserved) § 6-60. Community Preservation Fund Advisory Board established; purpose; membership. §§ 6-61 through 6-63. (Reserved) § 6-64. Severability. § 6-65. When effective. ARTICLE IV Two -Percent Real Estate Transfer Tag • §§ 6-66 through 6-69. (Reserved) § 6-70. Legislative findings; purpose. H 6-71 through 6-74. (Reserved) § 6-75. Definitions. 602 3-15-99 COMMUNITY PRESERVATION FUND J;. 602.1 3-15-99 §§ 6-76 through 6-79. (Reserved) § 6-80. Imposition of tax; use of tag; applicability. §§ 6-81 through 6-84. (Reserved) § 6-85. Payment of tax; filing of return; recording. • §§ 6-86 through 6-89. (Reserved) § 6-90. Liability for tax. H 6-91 through 6-94. (Reserved) § 6-95. Exemptions from tax. §§ 6-96 through 6-99. (Reserved) § 6-100. Additional exemptions. §§ 6-101 through 6-104. (Reserved) § 6-105. Credit. §§ 6-106 through 6-109. (Reserved) § 6-110. Cooperative housing corporation transfers. §§ 6-111 through 6-114. (Reserved) § 6-115. Designation of agent by County Treasurer. §§ 6-116 through 6-119. (Reserved) § 6-120. Liability of Recording Officer. §§ 6-121 through 6-124. (Reserved) § 6-125. Refunds. §§ 6-126 through 6-129. (Reserved) § 6-130. Deposit and disposition of revenue. • §§ 6-131 through 6-134. (Reserved) § 6-135. Judicial review. §§ 6-136 through 6-139. (Reserved) § 6-140. Apportionment of consideration subject to tax for property located only partly within town. J;. 602.1 3-15-99 SOUTHOLD CODE §§ 6-141 through 6-144. (Reserved) § 6-145. Determination of tax; petition to Town Supervisor. §§ 6-146 through 6-149. (Reserved) § 6-150. Proceedings to recover tax due. §§ 6-151 through 6-154. (Reserved) • § 6-155. Interest and civil penalties. §§ 6-156 through 6-159. (Reserved) § 6-160. Confidentiality of transfer tax returns. §§ 6-161 through 6-164. (Reserved) § 6-165. Intergovernmental agreement authority. §§ 6-166 through 6-169. (Reserved) § 6-170. Severability. §§ 6-171 through 6-174. (Reserved) § 6-175. Effective date; referendum requirement. [HISTORY: Adopted by the Town Board of the Town of Southold as indicated in article histories. Amendments noted where applicable.] GENERAL REFERENCES Open space prevention — See Ch. 59. (Cont'd on page 603) • 602.2 3-15-99 § 6-55 COMMUNITY PRESERVATION FUND § 6-60 § 6-55. When effective. This article shall take effect immediately upon filing with the Secretary of State as provided by law. ARTICLE III • Community Preservation Fund Advisory Board [Adopted 8-25-1998 by L.L. No. 13-19981 §§ 6-56 through 6-59. (Reserved) § 6-60. Community Preservation Fund Advisory Board established; purpose; membership. A. The Town of Southold Community Preservation Fund Advisory Board is hereby established. _ B. The purpose of the Advisory Board is to review and make t' recommendations on proposed acquisitions of interests in real property using moneys from the Community Preservation Fund. C. The Advisory Board shall act in an advisory capacity to the Town Board. D. The Advisory Board shall consist of seven members who shall be legal residents of the town and who shall serve without compensation. No member of the Town Board shall serve on the Advisory Board. E. A majority of the members appointed shall have demonstrated experience with conservation or land • preservation activities. In addition, at least one member of the Advisory Board shall be an active farmer. F. The Town Board hereby appoints the members of the Land Preservation Committee as the members of the Advisory Board. Appointees to the Land Preservation Committee shall serve concurrently as members of the Community Preservation Fund Advisory Board. 613 s -is -ss § 6-61 SOUTHOLD CODE § 6-70 §§ 6-61 through 6-63. (Reserved) § 6-64. Severability. If any clause, sentence, paragraph, section, or part of this article shall be adjudged by any court of competent jurisdiction • to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. § 6-65. When effective. This article shall take effect immediately upon filing with the Secretary of State as provided by law. ARTICLE IV Two -Percent Real Estate Transfer Tag [Adopted 8-25-1998 by L.L. No. 20-19981 §§ 6-66 through 6-69. (Reserved) § 6-70. Legislative findings; purpose. A. The Town of Southold enjoys a worldwide reputation as a community of great scenic beauty, rich in natural resources and open spaces, including agricultural lands, woodlands, wetlands, waterways, dunes, bluffs and other • natural features. The town also possesses a rich historic heritage as one of the oldest colonial settlements in the State of New York and, indeed, in the nation. Finally, because the second home industry and tourism are such important components of the local economy, the town must preserve its scenic beauty and provide recreational areas in order to continue to attract visitors. 614 3-15-99 § 6-70 COMMUNITY PRESERVATION FUND § 6-74 B. The town's natural and historic resources collectively provide the people of Southold with an unequaled community character. In fact, the Nature Conservancy has included the region which includes Southold Town as one of its twelve "Last Great Places" in the Western Hemisphere. The town has done much to foster, protect • and promote its community character. Southold enjoys a reputation as being creative and innovative in the area of land use and land conservation. C. The town is today under extreme development pressure, with development out -pacing current conservation efforts. If exceptional action is not taken, Southold's unique character may be irretrievably lost and the substantial investment of the town's citizens in protecting that character made moot. New financial resources are imperative if the town is to preserve its special identity. D. Pursuant to § 64-e. of the New York Town Law and Article 31-D of the Tax Law, Southold Town is authorized to create and establish a Community Preservation Fund and to impose a two -percent real estate transfer tax, with the revenue derived from said tax to be deposited into the Southold Community Preservation Fund. The creation of the fund and the imposition of the tax are subject to mandatory referendum. It is the purpose of this article to impose the two -percent real estate transfer tax in order to place the revenue derived from the tax in said dedicated fund. E. The Town Board finds that this article is an excellent opportunity for achieving balance between development and conservation which is needed to ensure the town's • community character. §§ 6-71 through 6-74. (Reserved) 615 5-15-99 § 6-75 SOUTHOLD CODE § 6-75 § 6-75. Definitions. As used in this article, unless otherwise expressly stated, the following words and terms shall have the following meanings: CONSIDERATION — The price actually paid or required to be paid for the real property or interest therein, including payment for an option or contract to purchase • real property, whether or not expressed in the deed and whether paid or required to be paid by money, property or any other thing of value. It shall include the cancellation or discharge of an indebtedness or obligation. It shall also include the amount of any mortgage, purchase money mortgage, lien or other encumbrance, whether or not the underlying indebtedness is assumed or taken subject to. A. In the case of the creation of a leasehold interest or the granting of an option with use and occupancy of real property, consideration shall include, but not be limited to, the value of the rental and other payments attributable to the use and occupancy of the real property or interest therein, the value of any amount paid for an option to purchase or renew and the value of rental or other payments attributable to the exercise of any option to renew. B. In the case of the creation of a subleasehold interest, consideration shall include, but not be limited to, the value of the sublease rental payments attributable to the use and occupancy of the real property, the value of any amount paid for an option to renew and the value of rental or other payments attributable to the exercise of any option to renew, less the value of the remaining prime lease rental • payments required to be made. C. In the case of a controlling interest in any entity that owns real property, consideration shall mean the fair market value of the real property or interest therein, apportioned based on the percentage of the 616 3-15-99 § 6-75 COMMUNITY PRESERVATION FUND § 6-75 ownership interest transferred or acquired in the entity. D. In the case of an assignment or. surrender of a leasehold interest or the assignment or surrender of an option or contract to purchase real property, consideration shall not include the value of the • remaining rental payments required to be made pursuant to the terms of such lease or the amount to be paid for the real property pursuant to the terms of the option or contract being assigned or surrendered. E. In the case of the original conveyance of shares of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the cooperative corporation or cooperative plan sponsor and the subsequent conveyance by the owner thereof of such stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold for a cooperative unit other than an individual residential unit, consideration shall include a proportionate share of the unpaid principal of any mortgage on the real property of the cooperative housing corporation comprising the cooperative dwelling or dwellings. Such share shall be determined by multiplying the total unpaid principal of the mortgage by a fraction, the numerator of which shall be the number of shares of stock being conveyed in the cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold, and the denominator of which shall be the total number of • shares of stock in the cooperative housing corporation. CONTROLLING INTEREST: A. In the case of a corporation, either 50% or more of the total combined voting power of all classes of stock of such corporation, or 50% or more of the 617 3-15-99 't § 6-75 SOUTHOLD CODE § 6-75 capital, profits or beneficial interest in such voting stock of such corporation; and B. In the case of a partnership, association, trust or other entity, 50% or more of the capital, profits or beneficial interest in such partnership, association, trust or other entity. CONVEYANCE — The transfer or transfers of any • interest in real property by any method, including but not limited to sale, exchange, assignment, surrender, mortgage foreclosure, transfer in lieu of foreclosure, option, trust indenture, taking by eminent domain, conveyance upon liquidation or by a receiver, or transfer or acquisition of a controlling interest in any entity with an interest in real property. Transfer of an interest in real property shall include the creation of a leasehold or sublease only where the sum of the term of the lease or sublease and any options for renewal exceeds 49 years, substantial capital improvements are or may be made by or for the benefit of the lessee or sublessee and the lease or sublease is for substantially all of the premises constituting the real property. Notwithstanding the foregoing, conveyance of real property shall not include a conveyance made pursuant to devise, bequest or inheritance; the creation, modification, extension, spreading, severance, consolidation, assignment, transfer, release or satisfaction of a mortgage; a mortgage subordination agreement, a mortgage severance agreement or an instrument given to perfect or correct a recorded mortgage; or a release of lien of tax pursuant to this article or the Internal Revenue Code. FUND — The Southold Community Preservation Fund • created and established by Article I of this chapter Pursuant to § 64-e of the New York Town Law. GRANTEE — The person who obtains real property or an interest therein.as a result of a conveyance. GRANTOR — The person making the conveyance of real property or interest therein. Where the conveyance 618 3-15-99 § 6-75 COMMUNITY PRESERVATION FUND § 6-75 consists of a transfer or an acquisition of a controlling interest in an entity with an interest in real property, "grantor" shall mean the entity with an interest in real property or a shareholder or partner transferring stock or partnership interest, respectively. INTEREST IN REAL PROPERTY — Includes title in • fee, 'a leasehold interest, a beneficial interest, an encumbrance, development rights, air space and air rights or any other interest with the right to use or occupancy of real property or the right to receive rents, profits or other income derived from real property. It shall also include an option or contract to purchase real property. It shall not include a right of first refusal to purchase real property. PERSON — An individual, partnership, limited liability company, society, association, joint stock company, corporation estate, receiver, trustee, assignee, referee or any other person acting in a fiduciary or representative capacity, whether appointed by a court or otherwise, any combination of individuals and any other form of unincorporated enterprise owned or conducted by two or more persons. REAL PROPERTY — Every estate or right, legal or equitable, present or future, vested or contingent, in lands, tenements or hereditaments, including buildings, structures and other improvements thereon, which are located in whole or in part within the town. It shall not include rights to sepulture. RECORDING OFFICER — The County Clerk of the County of Suffolk. • TOWN — The Town of Southold. TOWN SUPERVISOR — The Town Supervisor of the Town of Southold. TREASURER (COUNTY TREASURER) — The Treasurer of the County of Suffolk. 619 5-15-99 § 6-76 SOUTHOLD CODE § 6-85 §§ 6-76 through 6-79. (Reserved) § 6-80. Imposition of tax; use of tax; applicability. There is hereby imposed in the Town of Southold a tax on each conveyance of real property or interest therein where the • consideration exceeds $500, the rate of such tax to be 2% of the consideration for such conveyance. Revenues from such tax shall be deposited in the Southold Community Preservation Fund established by Article I of this chapter and may be used solely for the purposes of said fund. Such tax shall apply to any conveyance occurring on or after March 1, 1999, but shall not apply to conveyances made on or after such date pursuant to binding written contracts entered into prior to such date, provided that the date of execution of such contract is confirmed by independent evidence such as the recording of the contract, payment of a deposit or other facts and circumstances as determined by the County Treasurer. §§ 6-81 through 6-84. (Reserved) § 6-85. Payment of tax; filing of return; recording. A. The real estate transfer tax imposed pursuant to this article shall be paid to the Treasurer, or to the Recording Officer acting as .the agent of the Treasurer upon designation as such agent by the Treasurer. Such tax shall be paid at the same time as the real estate transfer tax imposed by Article 31 of the New York Tax Law is required to be paid. Such Treasurer or Recording Officer shall endorse upon each deed or instrument effecting a conveyance a receipt for the amount of the tax so paid. B. A return shall be required to be filed with such Treasurer or Recording Officer for purposes of the real estate transfer tax imposed pursuant to this article at the same time .as a return is required to be filed for 620 3-15-99 § 6-85 COMMUNITY PRESERVATION FUND § 6-90 purposes of the real estate transfer tax imposed by Article 31 of the Tax Law. The Treasurer shall prescribe the form of return, the information that it shall contain and the documentation that shall accompany the return. Said form shall be identical to the real estate transfer tax return required to be filed pursuant to § 1409 of the • Tax Law, except that the Treasurer shall adapt said form to reflect the provisions of this article which' are inconsistent with, different from or in addition to the provisions of Article 31 of the Tax Law. The real estate transfer tax returns required to be filed pursuant to this section are required to be preserved for three years and thereafter until such Treasurer or Recording Officer orders them to be destroyed. C. The Recording Officer shall not record an instrument effecting a conveyance unless the return required by this section has been filed and unless the tax imposed pursuant to this article shall have been paid as provided in this section. §§ 6-86 through 6-89. (Reserved) § 6-90. Liability for tax. A. The real estate transfer tax required hereunder shall be paid by the grantee. If the grantee has failed to pay the tax imposed pursuant to this article, or if the grantee is exempt from such tax, the grantor shall have the duty to pay the tax. Where the grantor has the duty to pay the • tax because the grantee has failed to pay the tax, such tax shall be the joint and several liability of the grantee and grantor. B. For the purpose of the proper administration of this article and to prevent evasion of the tax hereby imposed, it shall be presumed that all conveyances are taxable. Where the consideration includes property other than 621 3-15-99 nM SOUTHOLD CODE § 6-95 money, it shall be presumed that the consideration is the fair market value of the real property or interest therein. These presumptions shall prevail until the contrary is proven, and the burden of proving the contrary shall be on the person liable for payment of the tax. §§ 6-91 through 6-94. (Reserved) § 6-95. Exemptions from tax. A. The following shall be exempt from payment of the real estate transfer tax imposed by this article: (1) The State of New York or any of its agencies, instrumentalities, political subdivisions or public corporations (including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada). (2) The United Nations and the United States of America and any of its agencies or instrumentalities. B. Exemption for certain conveyances. The real estate transfer tax imposed by this article shall not apply to any of the following conveyances: (1) Conveyances to the United Nations, the United States of America, the State of New York or any of their instrumentalities, agencies or political subdivisions (or any public corporation, including a public corporation created pursuant to agreement or compact with another state or the Dominion of Canada). (2) Conveyances which are or were used to secure a debt or other obligation. 622 3-15-99 is • § 6-95 COMMUNITY PRESERVATION FUND § 6-95 (3) Conveyances which, without additional consideration, confirm, correct, modify or supplement a deed previously recorded. (4) Conveyances of real property without consideration and otherwise than in connection with . a sale, including deeds conveying realty as bona fide gifts. • (5) Conveyances given in connection with a tax sale. (6) Conveyances to effectuate a mere change of identity or form of ownership or organization where there is no change in beneficial ownership, other than conveyances to a cooperative housing corporation of the real property comprising the cooperative dwelling or dwellings. (7) Conveyances which consist of a deed of partition. (8) Conveyances given pursuant to the Federal Bankruptcy Act. (9) Conveyances of real property which consist of the execution of a contract to sell real property without the use or occupancy of such property or the granting of an option to purchase real property without the use or occupancy of such property. (10) Conveyances of real property, where the entire parcel of real property to be conveyed is the subject of one or more of the following development restrictions: (a) An agricultural, conservation, scenic or an open space easement. • (b) Recorded covenants or restrictions prohibiting development. (c) A purchase of development rights agreement. (d) A transfer of development rights agreement, where the property being conveyed has had its development rights removed. 623 3-15-99 § 6-95 SOUTHOLD CODE § 6-99 (e) Said real property is subject to the development restriction of an agricultural district or individual commitment, pursuant to Article 25AA of the New York Agriculture and Markets Law. (f) Real property subject to any locally adopted land preservation agreement, including • agreements under the Town of Southold's Open Space Preservation and Agricultural Lands Preservation Lawsl and, provided said exemption is included in the local law imposing the tax authorized by this article. (11) Conveyances of real property, where the property is viable agricultural land as defined in Subdivision (7) of § 301 of the Agriculture and Markets Law and the entire property to be conveyed is to be made subject to one of the development restrictions set forth in the preceding § 6-95B(10),provided that said development restrictions preclude the conversion of the property to a nonagricultural use for at least three years from the date of transfer, and said development restriction is evidenced by an easement, agreement or other suitable instrument which is conveyed to the town simultaneously with the conveyance of the real property; or (12) Conveyances of real property for open space, parks or historic preservation purposes to any not-for- profit tax-exempt corporation operated for conservation, environmental or historic preservation purposes. §§ 6-96 through 6-99. (Reserved) • 1 Editor's Note: See Chapter 25, Agricultural Lands Preservation, and Chapter 59, Open Space Preservation. 624 3-15-99 § 6-100 COMMUNITY PRESERVATION FUND § 6-110 § 6-100. Additional exemptions. A. There shall be allowed an exemption of $150,000 on the consideration of the conveyance of improved real property or an interest therein. B. There shall be allowed an exemption of $75,000 on the • consideration of the conveyance of unimproved real property or an interest therein. §§ 6-101 through 6-104. (Reserved) § 6-105. Credit. A grantee shall be allowed a credit against the tax due on a conveyance of real property to the extent that tax was paid by such grantee on a prior creation of a leasehold of all or a portion of the same real property or on the granting of an option or contract to purchase all or a portion of the same real property by such grantee. Such credit shall be computed by multiplying the tax paid on the creation of the leasehold or on the granting of the option or contract by a fraction, the numerator of which is the value of the consideration used to compute such tax paid which is not yet due to such grantor on the date of the subsequent conveyance (and which such grantor will not be entitled to receive after such date) and the denominator of which is the total value of the consideration used to compute such tax paid. §§ 6-106 through 6-109. (Reserved) § 6-110. Cooperative housing corporation transfers. A. Notwithstanding the definition of "controlling interest" contained in § 6-75 hereof or anything to the contrary found in the definition of "conveyance" contained in said 625 3-15-99 § 6-110 SOUTHOLD CODE § 6-110 section, the tax imposed pursuant to this article shall apply to the following: (1) The original conveyance of shares of stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the cooperative corporation or cooperative plan sponsor. (2) The subsequent conveyance of such stock in a cooperative housing corporation in connection with the grant or transfer of a proprietary leasehold by the owner thereof. With respect to any such subsequent conveyance where the property is an individual residential unit, the consideration for the interest conveyed shall exclude the value of any liens on certificates of stock or other evidences of an ownership interest in and a proprietary lease from a corporation or partnership formed for the purpose of cooperative ownership of residential interest in real estate remaining thereon at the time of conveyance. In determining the tax on a conveyance described in Subsection A(1) above, a credit shall be allowed for a proportionate part of the amount of any tax paid upon the conveyance to the cooperative housing corporation of the real property comprising the cooperative dwelling or dwellings to the extent that such conveyance effectuated a mere change of identity or form of ownership of such property and not a change in the beneficial ownership of such property. The amount of credit shall be determined by multiplying the amount of tax paid upon the conveyance to the cooperative housing corporation by a percentage representing the extent to which such conveyance effectuated a mere change of identity or form of ownership and not a change in the beneficial ownership of such property, and then multiplying the resulting product by a fraction, the numerator of which shall be the number of shares of stock conveyed in a transaction described in 626 3-15-99 • • § 6-110 COMMUNITY PRESERVATION FUND § 6-115 Subsection A(1) and the denominator of which shall be the total number of shares of stock of the cooperative housing corporation (including any stock held by the corporation). In no event, however, shall such credit reduce the tax on a conveyance described. in Subsection A(1) below zero, nor shall any such • credit be allowed for a tax paid more than 24 months prior to the date on which occurs the first in a series of conveyances of shares of stock in an offering of cooperative housing corporation shares described in Subsection A(1). B. Every cooperative housing corporation shall be required to file an information return with the County Treasurer by July 15th of each year covering the preceding period of January 1 through June 30 and by January 15th of each year covering the preceding period of July 1 through December 31. he return shall contain such information regarding the conveyance of shares of stock in the cooperative housing corporation as the Treasurer may deem necessary, including, but not limited to, the names, addresses and employee identification numbers or social security numbers of the grantor and the grantee, the number of shares conveyed, the date of the conveyance and the consideration paid for such conveyance. §§ 6-111 through 6-114. (Reserved) § 6-115. Designation of agent by County Treasurer. • The County Treasurer is authorized by law to designate the Recording Officer to act as his or her agent for the purpose of collecting the tax imposed by this article. The Treasurer shall provide for the manner in which such person may be designated as his or her agent subject to such terms and conditions as the Treasurer .shall prescribe. The real estate transfer tax shall be paid to such agent as provided in § 6-85 hereof. 627 3-15-99 § 6-116 SOUTHOLD CODE § 6-130 §§ 6-116 through 6-119. (Reserved) § 6-120. Liability of Recording Officer. A Recording Officer shall not be liable for any inaccuracy in the amount of tax imposed pursuant to this article that he or • she shall collect so long as he or she shall compute and collect such tax on the amount of consideration or the value of the interest conveyed as such amounts are provided to him or her by the person paying the tax. §§ 6-121 through 6-124. (Reserved) § 6-125. Refunds. Whenever the Treasurer shall determine that any moneys received under the provisions of this article were paid in error, he or she may cause such moneys to be refunded pursuant to such rules and regulations as he or she may prescribe, provided that any application for such refund is filed with the Treasurer within two years from the date the erroneous payment was made. §§ 6-126 through 6-129. (Reserved) § 6-130. Deposit and disposition of revenue. A. All taxes, penalties and interest imposed by the town • under the authority of this article which are collected by the Treasurer or his or her agents shall be deposited in a single trust fund for the town and shall be kept in trust and separate and apart from all other moneys in possession of the Treasurer. Moneys in such fund shall be deposited and secured in the manner provided by § 10 of the General Municipal Law. Pending expenditure from 628 3-15-99 § 6-130 COMMUNITY PRESERVATION FUND § 6-130 such fund, moneys therein may be invested in the manner provided in § 11 of the General Municipal Law. Any interest earned or capital gain realized on the moneys so deposited or invested shall accrue to and become part of such fund. B. The Treasurer shall retain such amount as he or she • may determine to be necessary for refunds with respect to the tax imposed by the town under the authority of this .article, out of which the Treasurer shall pay any refunds of such taxes to those taxpayers entitled to a refund pursuant to the provisions of this article. C. The Treasurer, after reserving such funds, shall on or before the twelfth day of each month pay to the Town Supervisor the taxes, penalties and interest imposed by the town under the authority of this article, collected by the Treasurer pursuant to this article during the proceeding calendar month. The amount so payable shall be certified to the Town Supervisor by the Treasurer, who shall not be held liable for any inaccuracy in such certification. However, any such certification may be based on such information as may be available to the Treasurer at the time such certification must be made_ under this section. D. Where the amount so paid over to the town in any such distribution is more or less than the amount due to the town, the amount of the overpayment or underpayment shall be certified to the Town Supervisor by the Treasurer, who shall not be held liable for any inaccuracy in such certification. The amount of the underpayment or overpayment shall be so certified to the • Town Supervisor as soon after the discovery of the overpayment or underpayment as reasonably possible, and subsequent payments and distributions by the Treasurer to such town shall be adjusted by subtracting the amount of any such overpayment from or by adding the amount of any such underpayment to such number of subsequent payments and distributions as the Treasurer and Town Supervisor shall consider reasonable in view of 629 3-15-99 § 6-130 SOUTHOLD CODE § 6-135 the underpayment or overpayment and all other facts and circumstances. E. All moneys received from the Treasurer by the Town Supervisor shall be deposited in the Southold Community Preservation Fund established pursuant to Article I of this chapter and Town Law § 64-e. .• §§ 6-131 through 6-134. (Reserved) § 6-135. Judicial review. A. Any final determination of the amount of any tax payable under this article shall be reviewable for error, illegality or unconstitutionality, or any other reason whatsoever, by a proceeding under Article 78 of the Civil Practice Law and Rules if application therefor is made to the Supreme Court within four months after the giving of the notice of such final determination; provided,, however, that any such proceeding under Article 78 of the Civil Practice Law and Rules shall not be instituted unless: (1) The amount of any tax sought to be reviewed, with such interest and penalties thereon as may be provided for by this article, shall be first deposited and there is filed an undertaking, issued by a surety company authorized to transact business in New York State and approved by the State Superinten- dent of Insurance as to solvency and responsibility, in such amount as a Justice of the Supreme Court shall approve, to the effect that, if such proceeding • shall be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding; or (2) At the option of the petitioner, such undertaking may be in a sum 'sufficient to cover the taxes, interest and penalties stated in such determination, 630 3-15-99 § 6-135 COMMUNITY PRESERVATION FUND § 6-140 plus the costs and charges which may accrue against the petitioner in the prosecution of the proceeding, in which event the petitioner shall not be required to pay such taxes, interest or penalties as a condition precedent to the application. B. Where any tax imposed hereunder shall have been • erroneously, illegally or unconstitutionally assessed or collected, and application for the refund or revision thereof duly made to the Treasurer, and such Treasurer shall have made a determination denying such refund or revision, such determination shall be reviewable by a proceeding under Article 78 of the Civil Practice Law and Rules; provided, however, that: (1) Such proceeding is instituted within four months after the giving of the notice of such denial; (2) A final determination of tax due was not previously made; and (3) An undertaldng is filed with the Treasurer in such amount and with such sureties as a Justice of the Supreme Court shall approve, to the effect that if such proceeding is dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of such proceeding. §§ 6-136 through 6-139. (Reserved) § 6-140. Apportionment of consideration subject to tax for property located only partly within town. • A. Where real property is situated partly within and partly without the boundaries of the town, the consideration subject to tax is such part of the total consideration as is attributable to the portion of such real property situated with the town or to the interest in such portion. If the consideration attributable to the property located in the 631 3-15-99 § 6-140 SOUTHOLD CODE § 6-140 town is set forth in the contract, such amount may be used to compute the tax due. B. If the contract does not .set forth the amount of consideration attributable to the portion of real property or interest therein situated within the town, the consideration shall be reasonably allocated between the portion of such property or interest therein situated • within the town and the portion of such property or interest therein situated without the town. If the grantor and the grantee enter into a written agreement, signed by both the grantor and the grantee, which sets forth a reasonable allocation of consideration, that allocation of consideration may be used to compute the tax due. If the grantor and the grantee do not enter into such an agreement, or if the allocation of consideration set forth in such agreement is deemed unreasonable by the Treasurer, the allocation of consideration must be computed by multiplying the amount of consideration by a fraction, the numerator of which is the fair market value of the real property or interest therein situated within the town, and the denominator of which is the total fair market value of all the real property or interest therein being conveyed. Except in the case of a transfer or acquisition of a controlling interest where consideration means fair market value of the real property or interest therein, the tax shall be computed on the allocated portion of the actual consideration paid, even if that amount is greater or less than the fair market value as determined by appraisal. C. Where the methods provided under this section do not allocate the consideration in a fair and equitable manner, the Treasurer may require the grantor and • grantee to allocate the consideration under such method as he prescribes, so long as the prescribed method results in a fair and equitable allocation. 632 3-15-99 § 6-141 COMMUNITY PRESERVATION FUND § 6-145 §§ 6-141 through 6-144. (Reserved) § 6-145. Determination of tag; petition to Town Supervisor. • A. If a return required by this article is not filed, or if a return when filed is incorrect or insufficient, the amount of tax due shall be determined by the Treasurer from such records or information as may be obtainable, including the assessed valuation of the real property or interest therein and other appropriate factors. Notice of such determination shall be given to the person liable for the payment of the tax. Such determination shall finally and irrevocably fix the tax unless the person against whom it is assessed, within 90 days after the giving of notice of such determination, shall petition the Town Board for a hearing, or unless the Treasurer, on the Treasurer's own motion, shall redetermine the same. The Town Board may designate, in writing, a hearing officer to hear such an appeal, which hearing officer shall file a written report and recommendation with the Town Board. In any case before the Town Board under this article, the burden of proof shall be on the petitioner. After such hearing, the Town Board shall give notice of the determination to the person against whom the tax is assessed and to the Treasurer. Such determination may be reviewed in accordance with the provisions of § 6-135 of this article. A proceeding for judicial review shall not be instituted unless: (1) The amount of any tax sought to be reviewed, with penalties and interest thereon, if any, shall be first • deposited with the Treasurer, and there shall be filed with the Treasurer an undertaking, issued by a surety company authorized to transact business in New York State and approved by the State Superin- tendent of Insurance as to solvency and responsibility, in such amount and with such sureties as a Justice of the Supreme Court shall 633 3-15-99 § 6-145 "SOUTHOLD CODE § 6-150 approve, to the effect that if such proceeding shall be dismissed or the tax confirmed, the petitioner will pay all costs and charges which may accrue in the prosecution of the proceeding; or (2) At the option of the petitioner, such undertaking filed with the Treasurer may be in a sum sufficient to cover the taxes, penalties and interest thereon • stated in such decision, plus the costs and charges which may accrue against him in the prosecution of the proceeding; in which event, the petitioner shall not be required to deposit such taxes, penalties and interest as a condition precedent to the commencement of the proceeding. B. A person liable for the tax imposed by this article (whether or not a determination assessing a tax pursuant to Subsection A hereof has been made) shall be entitled to have the tax due finally and irrevocably fixed prior to the ninety -day period referred to in Subsection A by filing with the Treasurer a signed statement consenting thereto, in writing and in such form as the - Treasurer shall prescribe. C. The remedies provided by this section and §§ 6-125, 6-130 and 6-135 of this article shall be the exclusive remedies available to any person for the review of tax liability imposed by this article. §§ 6-146 through 6-149. (Reserved) § 6-150. Proceedings to recover tax due. • A. Whenever any person shall fail to pay any tax, penalty or interest imposed by this article, the Town Attorney shall, upon the request of the Treasurer, bring or cause to be brought an action to enforce the payment of the same on behalf of the town, in any court of the State of New York or of any other state or of the United States. 634 5-15-99 § 6-150 COMMUNITY PRESERVATION FUND § 6-150 635 3-15-99 B. As an additional and alternative remedy, the Treasurer may issue a warrant, directed to the Sheriff of Suffolk County, commanding him to levy upon and sell any real and personal property of a grantor or grantee liable for the tax which may be found within the county, for payment of the amount thereof, with any penalty and • interest and the cost of executing the warrant, and to return such warrant to the Treasurer the money collected by virtue thereof within 60 days after the receipt of the warrant. The Sheriff shall, within five days after the receipt of the warrant, file with the Clerk a copy thereof, and thereupon such Clerk shall enter into the judgment docket the name of the person mentioned into the warrant and the amount of the tax, penalty and interest for which the warrant is issued. Such lien shall not apply to personal property unless such warrant is filed with the Department of State. The Sheriff shall then proceed upon the warrant in the same manner and with like effect as that provided by law in respect to executions issued against property upon judgments of a court of record, and for services in executing the warrant he shall be entitled to the same fees, which he may collect in the same manner. In the discretion of the Treasurer, a warrant of like terms, force and effect may be issued and directed to any officer or employee of the county; and, in the execution thereof, such officer or employee shall have all the powers conferred by law upon Sheriffs, but shall be entitled to no fee or compensation in excess of the actual expenses paid in the performance of such duty. Upon such filing of a copy of a warrant, the Treasurer shall have the same remedies to enforce the amount due thereunder as if the County of • Suffolk had recovered the judgment therefor. 635 3-15-99 § 6-151 SOUTHOLD CODE § 6-160 §§ 6-151 through 6-154.. (Reserved) § 6-155. Interest and civil penalties. A. Any grantor or grantee failing to file a return or to pay any tax within the time required by this article shall be • subject to a penalty of 10% of the amount of the tax due plus an interest penalty of 2% of such amount for each month of delay or fraction thereof after the expiration of the first month after such return was required to be filed or such tax became due; such interest penalty shall not exceed 25% in the aggregate. If the Treasurer determines that such failure or delay was due to reasonable cause and not due to willful neglect, the Treasurer shall remit, abate or waive all of such penalty and interest penalty. B. If any amount of tax is not paid on or before the last date prescribed in § 6-85 hereof for payment, interest on such amount at the rate of 10% per month shall be paid for the period from such last date to the date paid. C. The penalties and interest provided for in this section shall be paid to the Treasurer and shall be determined, assessed, collected and distributed in the same manner as the tax imposed by this article, and any reference to tax in this article shall be deemed to include the penalties and interest imposed in this section. §§ 6-156 through 6-159. (Reserved) § 6-160. Confidentiality of transfer tax returns. • A. Except in accordance with proper judicial order or as otherwise provided by law, it shall be unlawful for any officer or employee of the county or town, or any person engaged or retained on an independent contract basis, to divulge or make known in any manner the particulars 636 s-15-99 § 6-160 COMMUNITY PRESERVATION FUND § 6-160 set forth or disclosed in any return required under this article. However, nothing in this section shall prohibit the Recording Officer from maldng a notation on an instrument effecting a conveyance indicating the amount of tax paid. No recorded instrument effecting a conveyance shall be considered a return for the purposes •I of this section. B. The officers charged with the custody of such returns shall not be required to produce any of them or evidence of anything contained in them in any action or proceeding in any court, except on behalf of the town in any action or proceeding involving the collection of a tax due under this article to which the county or town or an officer or employee of the county or town is a party or a claimant, or on behalf of any party to any action or proceeding under the provisions of this article when the returns or facts shown thereby are directly involved in such action or proceeding; in any of which events the court may require the production of and may admit in ". evidence so much of said returns or of the facts shown thereby as are pertinent to the action or proceeding and no more. C. Nothing herein shall be construed to prohibit the delivery to a grantor or grantee of an instrument effecting a conveyance, or to the duly authorized repre- sentative of such grantor or grantee, of a certified copy of any return filed in connection with such instrument or to prohibit the publication of statistics so classified as to prevent the identification of particular returns or the items thereof or to prohibit the inspection by the legal representatives of the county or town of the return of any • taxpayer who shall bring action to set aside or review the tax based thereon. D. Any officer or employee of the town who willfully violates the provisions of this section shall be dismissed from office and be incapable of holding any public office in the state for a period of five years thereafter. 637 3-15-99 § 6-161 SOUTHOLD CODE § 6-175 §§ 6-161 through 6-164. (Reserved) § 6-165. Intergovernmental agreement authority. The Town Board shall be authorized to, by resolution, enter into any intergovernmental agreement necessary with the • County of Suffolk or any successor county for the effective and efficient administration and enforcement of this article. §§ 6-166 through 6-169. (Reserved) § 6-170. Severability. If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. §§ 6-171 through 6-174. (Reserved) § 6-175. Effective date; referendum requirement. This article is subject to a mandatory referendum as set forth in § 1449 -bb of Article 31-D of the Tag Law. This article shall take effect on March 1, 1999, after approval at the general • election to be held on November 3, 1998, by the affirmative vote of a majority of the qualified electors of the Town of Southold and filing with the Secretary of State; and provided further that the real estate transfer tax imposed by this article shall expire and be deemed repealed as to any conveyance taking place after December 31, 2010. 638 3-15-99 § 45-3 FIRE PREVENTION & BUILDING § 45-5 duties within the appropriations made therefor by the Town Board. Such Assistant Inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for compliance with the fire prevention provisions (Chapter C) of the Uniform Code. Assistant Inspectors shall have the same right to is enter and inspect buildings and premises as conferred upon the Building Inspector. C. [Added 11-24-1998 by L.L. No. 22-19981 For this chapter, the term "Building Inspector" shall include and refer to: (1) Building Inspectors of the Town of Southold; (2) The Director of Code Enforcement of the Town of Southold; and (3) The Engineer Inspector of the Town of Southold. § 454. Conflicts with other regulations. Where the provisions of this chapter conflict with or impose a different requirement than any other provision of the Southold Town Code, or any rule or regulation adopted thereunder, the provision which establishes the higher standard or requirement shall govern. § 45-5. Powers and duties of Building Inspector. A. Except as otherwise specifically provided by law, ordinance or regulation, or except as herein otherwise provided, the Building Inspector shall administer and • enforce all the provisions of the Uniform Code and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures, and the installation and use of materials and equipment therein, and the location, use, occupancy and maintenance thereof. 4503 3-15-99 f § 45-5 SOUTHOLD CODE § 45-6 B. The Building Inspector shall receive applications and issue permits for the erection; alteration, removal and demolition of buildings or structures or parts thereof and shall examine the premises for which such applications have been received or such permits have been issued, for the purpose of ensuring compliance with the Uniform Code and other laws, ordinances and regulations governing building construction. • C. The Building Inspector shall issue all appropriate notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction and to ensure compliance during the entire course of construction with the requirements of the Uniform Code and other applicable laws, ordinances or regulations. He shall make all inspections which are necessary or proper for the carrying out of his duties. D. Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws, ordinances or regulations covering building construction, the Building Inspector may require the performance of tests in the field by experienced, professional persons or by accredited and authoritative testing laboratories or service bureaus or agencies. § 45-6. Records and reports. A. The Building Inspector shall keep permanent, official records of all transactions and activities conducted by him, including all applications received, permits and certificates issued, fees charged and collected, inspection reports, and notices and orders issued. All such records • shall be public records, open to public inspection during business hours. B. The Building Inspector shall, as directed, submit to the -Town Board a written report and summary of all business conducted by him, including permits and certificates issued, fees collected, orders and notices 4504 3-15-99 § 45-6 . FIRE PREVENTION & BUILDING § 45-8 promulgated, inspections and tests made and appeals or litigation pending. § 45-7. cooperation with other departments. The Building Inspector may request and shall receive, so far • as may be necessary in the discharge of his duties, the assistance and cooperation of the police and fire officers and all other municipal officials exercising any jurisdiction over the construction, use or occupancy of buildings or the installation of equipment therein. § 45-8. Building permit required; application for permit. [Amended 5-30-1995 by L.L. No. 11-19951 A. Building permit required prior to commencement; exceptions. [Amended 12-8-1998 by L.L. No. 28-19981 (1) No person, firm or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, except that no building permit shall be required for: (a) Necessary repairs which do not materially affect structural features. • (b) Alterations to existing buildings, provided that the alterations: [1] Cost less than $10,000; [2] Do not materially affect structural features; 4505 3-15-99 1 ' § 45-8 SOUTHOLD CODE § 45-8 [3] Do not affect fire safety features such as smoke detectors, sprinklers, required fire separations and exits; [4] Do not involve the installation of electrical systems; and [5] Do not include the installation of solid • fuel -burning heating appliances and associated chimneys and flues. (c) Small noncommercial structures less than 100 square feet in floor area not intended for use by one or more persons as quarters for living, sleeping, eating or cooking; for example, a small storage building. (2) Whether or not a buildingpermit is required, all work, structures and buildings must comply with the provisions of Chapter 100 of the Southold Town Code (Zoning). B. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect without the necessity for any proceedings, revocations or nullification thereof, and any work undertaken or use established pursuant to the issuance of a permit in violation of the provisions of this chapter shall be invalid. C. [Amended 3-3-1998 by L.L. No. 2-19981 Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee. In addition, plans and specifications shall be filed with the building permit application to enable the Building Inspector to examine such plans to • ascertain if the proposed building will comply with applicable building construction, housing and fire codes. (1) The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected, or of the lot on which it is situated if an existing building, except in the case of the 4506 3-15-99 § 45-8 FIRE PREVENTION & BUILDING § 45-8 alterations of a building which do not affect the exterior thereof. (2) The section, block and lot numbers, if any, as they appear on the latest tax records. (3) The exact size and locations on the lot of the • proposed building or buildings or structural alteration of an existing building and of other existing buildings on the same lot. (4) The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot and adjacent lots. (5) The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate and the necessary computations to establish conformity to the bulk and density regulations. (6) Such topographic or other information with regard to the building, the lot or neighboring lots as may be necessary to determine that the proposed construction will conform to the provisions of this chapter. (7) An application for a building permit for construction on a vacant lot which is not on an approved subdivision map shall be accompanied by a certified abstract of title issued by a title company which shall show single and separate ownership of the entire lot prior to April 9, 1957. • (8) A plot plan drawn to scale and signed by the person responsible for each drawing. At the discretion of the Building Inspector, a survey may be required, prepared by a licensed engineer or land surveyor. (9) Each application for a building permit fora new dwelling unit shall be accompanied by plans and 4506.1 3-15-99 § 45-8 SOUTHOLD CODE § 45-8 specifications bearing the signature and original seal of a licensed professional engineer or architect. D. No building permit shall be issued for the construction or alteration of any building upon a lot without access to a street or highway as provided by § 280-a of the Town Law. (Cont'd on page 4507) • r 4506.2 3-15-99 GARBAGE, RUBBISH AND REFUSE Chapter 48 GARBAGE, RUBBISH AND REFUSE § 48-1. Definitions. • § 48-2. Dumping prohibited generally. § 48-3. Town Transfer Station. § 48-4. Fees; issuance and duration of permits and licenses. § 48-5. Conveyance and transportation of refuse. § 48-6. Penalties for offenses. § 48-7. Revocation of permit and/or license. - [HISTORY. Adopted by the Town Board of the Town of ( Southold 3-23-1948; amended in its entirety 6-25-1965. Sections 48-2 and 48-5 amended and 148-311 added during codification; see Ch. 1, General Provisions, Art. H. Other amendments noted where applicable.] GENERAL REFERENCES Outdoor burning— See Ch. 36. Junkyards — See Ch. 54. Littering — See Ch. 57. Salvaging centers — See Ch. 74. Scavenger wastes — See Ch. 75. • 4801 3-15-99 § 48-1 SOUTHOLD CODE § 48-1 § 48-1. Definitions. [Amended 10-9-1984 by L.L. No. 9-1984; 2-5-1991 by L.L. No. 1-1991; 11-26-1991 by L.L. No. 26-1991; 11-26-1991 by L.L. No. 27-1991; 9-10-1993 by L.L. No. 20-1993; 2-8-1994 by L.L. No. 1-1994; 5-3-1994 by L.L. No. 6-1994; 11-24-1998 by L.L. No. 24-19981 Words and terms used in this chapter shall have the • following meanings: AGRICULTURAL DEBRIS — Agricultural products, but not to include brush, canes, vines, packaging or the like. ATTENDANT — Any employee of the Town of Southold placed in charge of a town transfer station under the direction of the Town Board. CANS — Shall be a recyclable and shall mean empty rinsed -clean containers, with or without labels, comprised of: aluminum foil, tin, steel or a combination thereof. CORRUGATED CARDBOARD — Shall be a recyclable and shall mean clean, dry corrugated cardboard. COMMERCIAL. SELF -HAULERS — Those businesses, trades or other commercial enterprises which transport the refuse and/or recyclables generated in the operation of their business, trade or commercial enterprise for deposit at the Town of Southold transfer station. COMMERCIAL VEHICLES — Vehicles used in business or any vehicle of greater than one -ton capacity. CONSTRUCTION AND DEMOLITION (C & D) DEBRIS — Includes but is not limited to waste cement, concrete, masonry work, brick, tile, sheetrock, plaster, • wood shingles and the like and rubble resulting from remodeling, demolition, repair and building of structures. GLASS — Shall be a recyclable and shall mean all clear (flint), green and brown (amber) colored glass containers 4802 3-15-99 § 48-1 GARBAGE, RUBBISH AND REFUSE § 48-1 rinsed clean. "Glass" shall not mean wired glass, crystal, ceramics, plate, window, laminated or mirrored glass or light bulbs. ILLEGAL DUMPING — The deposit by any person of garbage, rubbish, hazardous waste, refuse or waste in any public or private place within the Town of Southold, • including its inland waters, other than in containers designated for that purpose. NEWSPAPER — Shall be a recyclable and shall include unsoiled newsprint and all newspaper advertisement. "Newspaper" shall not include phone books, junk mail, plastic bags, cardboard boxes, brown paper bags, magazines or. catalogs. NONRECYCLABLE WASTE — The end product of solid waste remaining after the extraction of recyclable materials, hazardous waste, construction and demolition debris and landclearing debris. "Nonrecyclable waste" results primarily from the handling, preparation and storage of food and includes but is not limited to putrescible solid waste such as animal, vegetable and farm waste products. PERSON — An individual, an association, a partnership or a corporation. PLASTICS — Shall be a recyclable and shall mean all food, beverage or household containers labeled Nos. 1 and 2 such as soda, detergent, bleach, milk, juice, shampoo or cooking oil bottles, rinsed clean. "Plastics" shall not mean caps, appliances, plastic with metal parts, six-pack rings, biodegradable bags, fiberglass, waxed cardboard containers, vinyl or styrofoam. • RECYCLABLE, MANDATED — Any can, glass or plastic container or corrugated cardboard or newspaper, as defined in this section. RECYCLABLE, OTHER All waste which can be recycled, other than municipal recyclables. 4803 3-15-99 § 48-1 SOUTHOLD CODE § 48-2 RECYCLABLE WOOD: A. Clean, untreated, unpainted lumber products or remnants containing no nails or other metals; or B. Logs not greater than four feet in length and six inches in diameter. REFUSE — Shall have the same meaning as • "nonrecyclable waste." "Refuse" shall not include cans, glass, plastics or newspaper, as further defined herein. TRANSFER STATION = The disposal area owned and operated by the Town of Southold located north of County Route 48 at Cutchogue, New York. RESIDENTIAL SELF -HAULERS — Those residents who transport their refuse and/or recyclables for deposit at the Town of Southold Transfer Station. TOWN GARBAGE BAG — A plastic bag bearing the logo of the Seal of the Town of Southold, of such size and design as shall be determined by the Town Board, to be used for the disposal of nonrecyclable waste. § 48-2. Dumping prohibited generally. [Amended 7-31-1973; 3-24-1992 by L.L. No. 9-1992; 9-10-1993 by L.L. No. 20-1993; 11-24-1998 by L.L. No. 24-19981 A. No person shall collect, store, accumulate, throw, cast, deposit or dispose of or cause or permit to be collected, stored, accumulated, thrown, cast, deposited or disposed of any hazardous waste, refuse and/or recyclable upon any premises or upon any street, highway, sidewalk or public/private place within the Town of Southold, except when authorized by the Town Board. • B. Nothing contained herein shall be construed so as to prevent: (1) The accumulation of refuse by a resident of the town upon premises occupied by him, to the extent that 4804 3-15-99 § 48-2 GARBAGE, RUBBISH AND REFUSE § 48-2 ' Editor's Note: See Ch. 54, Junkyards. r 4805 3-15-99 such accumulation is ordinary and necessary for his personal household requirements. (2) The disposal of refuse at any transfer station maintained or authorized by the Town of Southold. (3) The proper use of receptacles placed upon the streets or other public places in the Town of • Southold for the depositing of refuse; provided, however, that such public receptacles shall not be used for the deposit of accumulated household garbage. (4) The engaging in secondhand junk and auto parts activities and businesses when a license therefor has been obtained pursuant to the provisions of the Southold Town ordinance licensing and regulating secondhand junk and auto parts activities and businesses.' C. Nonrecyclable waste and town garbage bags. (1) Nonrecyclable waste shall be deposited only at designated areas within the transfer station. (2) Town garbage bags shall be available at designated areas in the town. (3) The size and design of the town garbage bag shall be determined by resolution of the Town Board. (4) The fee for each size of the town garbage bag shall be determined by resolution of the Town Board. (5) No person shall: (a) Duplicate or imitate a town garbage bag. is (b) Give, sell or issue in any manner a duplicated or imitated town garbage bag. ' Editor's Note: See Ch. 54, Junkyards. r 4805 3-15-99 § 48-3 SOUTHOLD CODE § 48-3 § 48-3. Town Transfer Station. [Amended 7-31-1973; 7-24-1979 by L.L. No. 1-1979; 10-9-1984 by L.L. No. 9-1984; 7-15-1986 by L.L. No. 7-1986; 9-23-1986 by L.L. No. 12-1986; 5-3-1988 by L.L. No. 11-1988; 2-5-1991 by L.L. No. 1-1991; 11-26-1991 by L.L. No. 26-1991; 11-26-1991 by L.L. No. 27-1991; 9-10-1993 by L.L. No. 20-1993; 12-7-1993 by L.L. No. 25-1993; • 5-3-1994 by L.L. No. 6-1994; 11-24-1998 by L.L. No. 24-1998] A. No person shall deposit or cause to be deposited in or on any transfer station maintained by a waste district in the Town of Southold any waste of any kind except under the direction of the attendant in charge, whether such direction is given personally or by another person by his authority or by a sign or signs erected at the transfer station by the authority of the Town Board or attendant. (1) Residential self -haulers and commercial self - haulers. (a) No cans, corrugated cardboard, glass, plastic or newspaper as defined herein shall be deposited at any Town of Southold Transfer Station unless separated from any and all solid waste, trash, rubbish and vegetative yard waste. They are to be deposited only at designated areas within such town disposal area. (b) Nonrecyclable waste. [1] Residential self -haulers. Nonrecyclable waste generated by residential self -haulers shall be disposed of only in a town garbage bag as defined herein and deposited only at • designated areas within the transfer station. [2] Commercial self -haulers. Nonrecyclable waste generated by commercial self - haulers may be either: 4806 3-15-99 § 48-3 GARBAGE, RUBBISH AND REFUSE § 48-3 [a] Disposed of in a town garbage bag and deposited at designated areas within the transfer station; or [b] Disposed of. at the designated areas within the transfer station upon paying the appropriate charge as set • by Town Board resolution for the weight of nonrecyclable waste deposited. (2) Private residential refuse haulers/carters. (a) The owners or occupants of all residences within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place recyclables in separate containers at curbside for collection on such day or days as the licensee serving such residence shall designate. (b) It shall be unlawful for any person to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any person to collect refuse from a residence which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. (d) Recyclables collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited in areas • designated by appropriate landfill personnel. (e) Nonrecyclable waste. [1] The owners or occupants of all residences within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of / 4807 3-15-99 1 § 48-3 SOUTHOLD CODE § 48-3 this chapter shall place nonrecyclable waste in town garbage bags for collection on such day or days as the licensee serving such residents shall designate. [2] It shall be unlawful for any person to place out for collection any nonrecyclable waste which is not in a town garbage bag. It shall be unlawful for any person to collect is nonrecyclable waste from a residence which is not in a town garbage bag. [3] Nonrecyclable waste in town garbage bags collected by private residential refuse haulers/carters and transported to the transfer station shall be deposited only in areas designated by appropriate landfill personnel. (3) Private commercial refuse haulers/carters. (a) The owners or occupants of all commercial es- tablishments within the town which utilize collection services provided by persons licensed to collect refuse pursuant to the provisions of this chapter shall place recyclables in separate containers at curbside for collection on such day or days as the licensee serving such business shall designate. (b) It shall be unlawful for any commercial estab- lishment to place out for collection any container in which refuse is mixed with recyclables. (c) It shall be unlawful for any commercial estab- • lishment to place out for collection any container in which one type of recyclable is mixed with any other type or types of recyclables. (d) It shall be unlawful for any private commercial refuse hauler/carter to collect refuse from any 4808 3-15-99 § 48-3 GARBAGE, RUBBISH AND REFUSE § 48-3 commercial establishment which is mixed with recyclables or thereafter to commingle different types of recyclables or to mix recyclables with refuse. (e) Recyclables collected by private commercial refuse haulers/carters and transported to the is transfer station shall be deposited in areas designated by appropriate personnel. B. No garbage, refuse, rubbish or other material that does not have its origin within the Town of Southold shall be deposited or disposed of in the town transfer station. C. No vehicle shall be permitted to transport refuse into any transfer station maintained by the Town of Southold unless such vehicle displays a valid permit or the operator pays the applicable single-entry fee, except that vehicles owned and operated by any of the following entitled shall be permitted to transport refuse into any transfer station maintained by the Town of Southold, provided that at least one valid permit and/or license has been issued to the particular entity: the State of New York, the County of Suffolk, the Village of Greenport and fire districts, school districts and park districts located within the Town of Southold. D. The attendant at the transfer station is authorized to prohibit the disposal of discarded motor vehicles and/or discarded fuel tanks having a capacity in excess of 550 gallons at the transfer station. E. All municipal recyclables must be deposited in the appropriate location of the transfer station owned by the • Town of Southold. 4809 3-15-99 § 48-4 SOUTHOLD CODE § 48-4 § 48-4. Fees; issuance and duration of ' permits and licenses. [Added 10-9-1984 by L.L. No. 9-1984; amended 11-29-1988 by L.L. No. 29-1988; 6-20-1989 by L.L. No. 11-1989; 3-13-1990 by L.L. No. 2-1990; 10-23-1993 by L.L. No. 23-1990; 10-23-1990 by L.L. No. 24-1990; 2-5-1991 by L.L. No. 1-1991; 2-26-1991 by L.L. No. 3-1991; 3-26-1991 by L.L. No. 9-1991; • 11-24-1992 by L.L. No. 29-1992; 12-8-1992 by L.L. No. 31-1992; 10-5-1993 by L.L. No. 23-1993; 5-3-1994 by L.L. No. 8-1994; 10-18-1994 by L.L. No. 22-1994; 12-13-1994 by L.L. No. 29-1994; 10-17-1995 by L.L. No. 22-1995;11-24-1998 by L.L. No. 24-19981 A. The fees for the issuance of permits and/or licenses for vehicles transporting refuse into any transfer station maintained by the Town of Southold shall be in the amounts prescribed by the Town Board, by resolution and as amended from time to time. Permits shall be issued as follows: (1) Resident disposal permit: for noncommercial j vehicles of less than one -ton capacity owned by a resident and/or taxpayer of the Town of Southold and transporting only household refuse, provided that such vehicle displays a valid resident landfill permit issued in accordance with the following: (a) A resident disposal permit shall be issued by the Town Clerk or a person designated by her to all persons who are qualified residents of the Town of Southold. Persons applying for a resident disposal permit shall be requested to sign an application in affidavit form and submit for inspection the following as proof of • residence: [1] A valid tax receipt stub for the current year for any taxable real property within the Town of Southold assessed in the name of the applicant. 4810 3-15-99 § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 [2] A valid motor vehicle registration in the name of the applicant and to an address located within the Town of Southold or to an address corresponding to the address of a validated tax receipt stub for the current tax year for any taxable real property • within the Town of Southold affixed to the application. [3] Such other proof of residence as is satisfactory to the Town Clerk. (b) The Town Clerk or a person designated by the Town Clerk shall inspect such application to determine that the applicant is a qualified resident of the town. Upon approval of the application, a resident disposal permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. (c) Resident disposal permits for motor vehicles shall be permanently affixed to the left side of the front bumper of such vehicle. (2) Lessee disposal permit: for noncommercial vehicles of less than one -ton capacity owned by a lessee in the Town of Southold and transporting only household refuse, provided that such vehicle displays a valid lessee landfill permit issued in accordance with the following: (a) A lessee disposal permit shall be issued by the Town Clerk or a person designated by her to all • persons who lease or rent property within the Town of Southold but do not qualify as residents as defined in § 48-4A(1) hereof. Persons applying for a lessee landfill permit shall present an application in affidavit form, signed by the lessee and the owner of the property, setting forth: 4811 3-15-99 § 48-4 SOUTHOLD CODE § 48-4 [1] The location of the leased or rented property. [2] The persons occupying the same. [3] The term of such tenancy. (b) Upon a determination by the Town Clerk or person designated by her that the applicant is • entitled to a lessee disposal permit and upon the payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 48-4A(1)(c) hereof. (3) Guest disposal permit: for noncommercial vehicles of less than one -ton capacity owned by a guest of a resident in the Town of Southold and transporting only household refuse, provided that such vehicle displays a valid guest landfill permit issued in accordance with the following: (a) A guest disposal permit shall be issued by the Town Clerk or a person designated by the Town Clerk to all persons who are qualified residents of the Town of Southold, as defined in § 48-4A(1) hereof, for use by guests temporarily residing in the dwelling of such resident. A resident applying for a guest landfill disposal permit shall present an application in affidavit form, signed by the applicant, setting forth: [1] . The location of the property to be occupied by the guests. [2] The names and permanent addresses of the is guests. [3] The length of time of the guest occupancy. (b) Upon a determination by the Town Clerk or person designated by her that the applicant is entitled to a guest disposal permit and upon the 4812 3-15-99 § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-4 payment of the permit fee, such permit shall be issued and inscribed with the vehicle license registration number and shall be affixed to the vehicle in the same manner as provided in § 48-4A(1)(c) hereof. (c) The fee for the issuance of a guest disposal • permit shall be such fee as shall be prescribed by a resolution of the Southold Town Board. (4) Commercial permits: for all vehicles engaged in the commercial disposal of any material other than mandated recyclables as defined herein and/or all vehicles with a rated load -carrying capacity of one ton or greater. (a) A commercial permit shall be issued by the Town Clerk or a person designated by the Town Clerk to commercial businesses qualified to operate within the town. Persons applying for a commercial permit shall be requested to sign an application in affidavit form. (b) Upon approval of the application, a commercial permit shall be issued and inscribed with the vehicle license registration number. Such permit shall not be transferred to any other vehicle. Such permit shall be affixed to the vehicle in a spot clearly visible to attendants at the disposal area. (c) The fees for issuance of commercial disposal permits shall be as prescribed by a resolution of the Southold Town Board. • (5) Single-entry fees: A single-entry fee shall be charged to any residential or commercial vehicle that delivers for disposal nonrecyclable debris generated within the town and which does not display a valid permit. Single-entry fees shall be in an amount prescribed by a resolution of the Town Board. 4813 3-15-99 § 48-4 SOUTHOLD CODE § 48-4 B. In addition to the fees established in § 48-4A of this chapter, there shall be a fee as prescribed by resolution of the Southold Town Board, on loads containing the following: (1) Brush, landscaping and yard wastes, including but not limited to stumps, branches, shrubs, plants, trees, bushes and grass clippings, but not including • leaves and sod. (2) Construction debris, including but not limited to scrap and waste material discarded as refuse resulting from construction. (3) Wood, including but not limited to timber, logs, boards and wood as defined herein. (4) Demolition and construction debris, including but not limited to waste and rubble resulting from remodeling, demolition and extensive repair of structures, waste cement, concrete, masonry work, bricks, tile, sheetrock, plaster, wood, shingles and the like. (5) Rubbish, including but not limited to furniture, fixtures, appliances,_ television sets, carpets, awnings, boats and other like objects that are not considered normal everyday household waste. (6) Commercial and household garbage and rubbish, including but not limited to furniture, fixtures, television sets, appliances, carpets, awnings, boats and other like objects. C. Issuance and duration of permits and/or licenses. All permits and/or licenses provided for in this chapter shall be issued by the Town Clerk. Residential permits shall • be valid for one calendar year January 1 through December 31. Commercial permits shall be valid for one year from the date of the issue. D. Refund of fees. In the event that the, Town Clerk has heretofore issued permits for vehicles transporting 4814 3-15-99 § 48-4 GARBAGE, RUBBISH AND REFUSE § 48-6 refuse into the town landfill site at Cutchogue, and the fees paid therefor exceed the fees provided for herein, the Town Clerk is hereby authorized to refund such excess fees to the holders of such permits and/or licenses. • § 48-5. Conveyance and transportation of refuse. [Amended 3-24-1992 by L.L. No. 9-19921 No person shall convey or transport refuse and/or recyclables through the streets or public places of the Town of Southold in any cart, wagon or vehicle or by any other means unless adequate care is taken to prevent the spilling of refuse and/or recyclables in such public places and streets. § 48-6. Penalties for offenses. [Amended 7-31-1973 by L.L. No. 1-1973; 2-7-1989 by L.L. No. 2-1989; 2-5-1991 by L.L. No. 1-19911 A. Illegal dumping. Any person committing an offense of - - illegal dumping under this chapter shall, upon conviction thereof, be guilty of a violation punishable as follows: (1) For a first offense: (a) A fine of not less than $1,000 and not more than $1,500; (b) Imprisonment for a term not exceeding 10 days; or (c) Community service of 40 hours, to be performed within 30 days of the date of sentencing, • (2) For a second offense: (a) A fine of not less than $2,500 and not more than $5,000; (b) Imprisonment for a term not exceeding 30 days; or 4815 3-15-99 § 48-6 SOUTHOLD CODE § 48-7 (c) Community service of 120 hours, to be performed within 90 days of the date of sentencing. B. Recycling offenses and other offenses. Any person committing a recycling offense or any other offense against this chapter other than an offense of illegal dumping shall be subject to a civil penalty enforceable • and collectible by the town in the amount of $100 for each offense. Any person committing a second and/or subsequent offense within 12 months of the date of the first offense shall be subject to a civil penalty enforceable and collectible by the town in the amount of $200. Such penalty shall be collectible by and in the name of the town for each day that such offense shall continue. C. Any person, firm or corporation who or which does not pay any charge or fee established in this chapter or who or which violates any provision of this chapter shall be subject to a fine not in excess of $250 for each offense. A separate offense shall be deemed committed upon each day during which a violation occurs or is committed. [Added 7-11-1995 by L.L. No. 15-19952] D. In addition to the above -provided penalties, the Town Board may also maintain an action or proceeding in the name of the town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. § 48-7. Revocation of permit and/or license. [Added 5-3-1988 by L.L. No. 12-19881 A. Permits and/or licenses issued under the provisions of • this chapter may be revoked by the Town Board of the Town of Southold after notice and hearing for violation of the provisions of this chapter. 2 Editor's Note: This local law also provided for the renumbering of former Subsection C as Subsection D. 4816 3-15-99 § 48-7 GARBAGE, RUBBISH AND REFUSE § 48-7 B. Notice of the hearing for revocation of a permit and/or license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the permittee and/or licensee at his last known address at least five days prior to the date set for the hearing. is Said hearing shall be conducted in a manner wherein the accused permittee and/or licensee is afforded full due process of the law. • C. At the conclusion of said hearing and as a result of the evidence adduced therein, the Town Board may, in its discretion, revoke the said permit and/or license or, in lieu thereof, suspend the subject permit and/or license for a specified period of time, censure the permittee and/or licensee or impose a fine not to exceed $2,000. 4817 3-15-99 § 92-30 VEHICLES AND TRAFFIC § 92-30 Direction At Inter- Location Stop Sign on of Travel section With (hamlet) Old Pasture East Pequash Cutchogue Road [Added Avenue 8-12-1980 by L.L. No. • 4-1980] Ole Jule North Krause Road Mattituck Lane [Added 9-25-1990 by L.L. No. 18-1990] Ole Jule North New Suffolk Mattituck Lane Avenue Orchard West Fifth Street New Street Suffolk Orchard West Village Lane Orient Street _ . Parkway North Pine Neck Southold Road Peconic Bay West Laurel Lane Laurel Boulevard [Added 10-14-1997 by L.L. No. 25-1997] Pike Street East Love Lane Mattituck Pike Street West Love Lane Mattituck Pike Street East Wickham Mattituck Avenue • Pike Street West Westphalia Mattituck [Added Avenue 2-2-1999 by L.L. No. 2-1999] { 9216.5 3-15-99 § 92-30 SOUTHOLD CODE § 92-30 Direction At Inter- Location Stop Sign on of Mrave1 section With (hamlet) Pike Street West Wickham Mattituck . Avenue Pine Street South Horton Avenue Southold Pine Street North Youngs Avenue Southold . • Pine Neck Road East Oaklawn Avenue Southold [Added 9-17- extension 1996 by L.L. No. 17-19961 Pine Neck West Main Bayview Southold Road Road Pine Neck Road West Oaklawn Avenue Southold [Added 9-17- 1996 by L.L. No. 17-19961 Pine Tree South Skunk Lane Cutchogue 1 Road' (Bay Avenue) _ Pinewood South South Cross Cutchogue Road Road Rambler Road East Main Bayview Southold [Added Road 8-12-1980 by L.L. No. 4-1980] Rhoda Road North Captain Kidd Mattituck Drive Richmond South Mill Creek Southold Road Drive • Riley Avenue West Bay Avenue Mattituck Robinson North Indian Neck Peconic Lane Lane 9216.6 3-15-99 § 92-30 VEHICLES AND TRAFFIC § 92-30 Direction At Inter- Location Stop Sign on of Travel section With (hamlet) Robinson North Champlin Greenport Road Place (eastern • intersection) [Added 6-2-1987 by L.L. No. 8-1987] Robinson North Champlin Greenport Road Place (western intersection) [Added 6-2-1987 by L.L. No. 8-1987] Ruth Road East Breakwater Mattituck �. Road Seawood East North Bayview Southold Drive Road Second North Jackson New Street Street Suffolk (Confd on page 9216.7) • 9216.6.1 3-15-99 § 92-32 VEHICLES AND TRAFFIC § 92-32 Direction At Inter- Location Yield Signa on of Travel section With (hamlet) Longview Lane East Main Bay- Southold [Added view Road 8-12-1980 by L.L. No. 4-1980] • Lower Road East Akerly Pond Southold Lane Madison Avenue South Wilmarth Greenport Avenue Manor Road West Gillette East Drive Marion Maple Avenue North Pike Street Mattituck Mayflower Road South Brower Road Mattituck Meadow Lane South New Suffolk Mattituck Avenue Midwood Road [Repealed 8-12-1980 by L.L. No. 4-19801 Midwood Road [Repealed 8-12-1980 by L.L. No. 4-19801 Mill Lane North Oregon Road Mattituck Mill Road East Grant Avenue Mattituck Mill Road East Mill Lane Mattituck Mill Road West Oregon Road Mattituck [Added 8-12-1980 by L.L. No. 4-1980] Minnehaha North Minnehaha Southold Boulevard Boulevard • Moose Trail West Beebe Drive Cutchogue Naugles Drive South Mill Road Mattituck North Road West Horton's Lane Southold North Bayview Road [Repealed 5-3-1988 by L.L. No. 8-19881 r 9223 3-15-99 § 92-32 SOUTHOLD CODE § 92-32 Direction At Inter- Location Yield Sign on of Travel section With (hamlet) North Cross North West Creek Cutchogue Road Avenue North Sea West Kenney's Southold Drive Road North Sea East Three Waters Orient • Drive Lane Old Pasture East West Creek Cutchogue Road Avenue Old Shipyard North L'Hommedieu Southold Lane Lane Orchard Street East Narrow River Orient Road Oyster Pond North Skipper Lane Orient Lane Oyster Pond South Skipper Lane Orient Lane Pacific Street North South Avenue Mattituck Park Avenue East Marratooka Lane Mattituck Park Avenue West Marratooka Lane Mattituck Pike Street [Repealed 2-2-1999 by L.L. No. 2-19991 Pine Tree Road West Skunk Lane Cutchogue (Bay Avenue) Pinewood Road North Midwood Road Cutchogue Platt Road South Halyoke Street . Orient Reeve Avenue South New Suffolk Mattituck • Avenue (east) Reeve Avenue South New Suffolk Mattituck (west) Avenue 9224 3-15-99 • i § 92-41 VEHICLES AND TRAFFIC § 92-41 Name of Street Side Location County Route 48 Both At Greenport, starting at a point 100 feet east of Chapel Lane and extending easterly 100 feet County Route 48 Both At Southold, starting at a point on the south- easterly corner of Sound View Avenue and extending easterly to the intersec- tion of Bayberry Lane County Road 48 North In Peconic, along the [Added 12-22-1998 north side of County Road by L.L. No. 48 from the northeast 29-19981 corner of Henry's Lane easterly for a distance of 500 feet County Route 48 North At Southold, from the extension southerly of the easterly line of Horton's Lane easterly . for a distance of 250 feet County Route 48 North At Southold, from the extension southerly of the westerly line of Horton's Lane westerly for a distance of 250 feet County Route 48 South At Southold, from the ex- tension northerly of the easterly line of Horton's Lane easterly for a dis- tance of 250 feet County Route 48 South At Southold, from the ex- tension northerly of the westerly line of Horton's Lane westerly for a dis- tance of 250 feet 9229 3-15-99 § 92-41 SOUTHOLD CODE § 92-41 Name of Street Side Location Crescent Avenue South At Fishers Island, from the southeasterly corner of the intersection of Crescent Avenue with Fox Avenue easterly for a distance of 250 feet Depot Lane West At Cutchogue, starting at the intersection of New York State Route 25 and extending northerly for a distance of 360 feet Eighth Street East At Greenport, between New York State Route 25 (Main Street) and Corwin Street Equestrian Avenue North- At Fishers Island, be - west tween Fishers Island Electric Company utility pole Nos. 28 and 29 Hobart Road East At Southold, from the northerly curbline of Terry Lane northerly for a distance of 98 feet Horton's Lane West At Southold, from the ex- tension easterly of the northerly line of County Route 48 northerly for a distance of 60 feet Jackson Street Both At Cutchogue, from the southerly curbline of New Suffolk Avenue southerly for a distance of 250 feet King Street South At New Suffolk, between Fourth Street and Fifth Street 9230 3-15-99 is is • § 92-41 Name of Street VEHICLES AND TRAFFIC Side Location Lands End Road [Added 6-11-1996 by L.L. No. 12-1996] Love Lane Love Lane Love Lane Both East West West Luther's Road, Both also known as "Breakwater Road" [Amended 6-24-1997 by L.L. No. 14-1997] Marratooka Road West Mechanic Street East • Montauk Avenue West [Added 9-17-1996 by L.L. No. 17-1996; amended 7-22-1997 by L.L. No. 20-19971 § 92-41 From Route 25 northerly to the intersection of Latham Lane At Mattituck, from the north curbline of New York State Route 25 northerly for a distance of 20 feet At Mattituck, from the north curbline of Pike Street northerly for a distance of 40 feet At Mattituck, from the north curbline of Sounds Avenue northerly for a distance of 75 feet At Mattituck, from the guardrail at the northerly terminus of Luther's Road extending southerly for a distance of 250 feet on the easterly side and 500 feet on the westerly side At Mattituck, between Peconic Bay and Park Avenue At Southold, between New York State Route 25 and Mechanic Street East At Fishers Island, starting 559 feet south of the intersection of Crescent Avenue and extending south- erly.for a distance of 188 feet 9230.1 3-15-99 § 92-41 Name of Street Nassau Point Road (causeway) SOUTHOLD CODE § 92-41 Side Location Both New Suffolk Avenue Both New Suffolk Avenue Both New Suffolk Road East New Suffolk Road West North Bay Both View Road Peconic Bay Both Boulevard At Cutchogue, from the intersection with Bay Avenue, also known as "Skunk Lane," south for a distance of 1,750 feet At Cutchogue, at Halls Creek Bridge, Downs Creek Bridge and West Creek Bridge for a distance of 250 feet easterly and westerly from the center lines of said bridges At Mattituck, from the southerly curbline of New York State Route 25 east- erly for a distance of 500 feet At Cutchogue, from the southerly curbline of New York State Route 25 southerly for a distance of 400 feet At Cutchogue, from the southerly curbline of New York State Route 25 southerly for a distance of 385 feet At Southold, for a dis- tance of 450 feet east- erly and westerly from the center line of Goose Creek Bridge At Mattituck, for a dis- tance of 250 feet easterly and westerly from the center line of Brushes Creek Bridge 9230.2 3-15-99 t • • § 92-41 Name of Street Peconic Bay Boulevard • Pike Street Pike Street Pike Street VEHICLES AND TRAFFIC § 92-41 j Plum Island Lane [Added 2-2-1999 by L.L. No. 1-1999] • Side North Both North South Both Seventh Street East Soundview Avenue Both Soundview Avenue Extension [Added 5-28-1996 by L.L. No. 7-19961 Both Location At Mattituck, from New York Telephone pole No. 22 easterly 650 feet to New York Telephone pole No. 16 At Mattituck, starting at the intersection of Wick- ham Avenue and extending westerly for a distance of 310 feet At Mattituck, starting at the northeast corner of Mary's Road and extending easterly for a distance of 700 feet At Mattituck, from the easterly curbline of Westphalia Road easterly for a distance of 12 feet In Orient, on both sides of Plum Island Lane, from the intersection of Route 25 southerly to the intersection of Parkview Lane At Greenport, between New York State Route 25 (Main Street) and Corwin Street At Southold, starting at the intersection of County Route 48 and ex- tending westerly for a distance of 620 feet From terminus at Lighthouse Road easterly for a distance of 300 feet (Cont'd on page 9230.3) 9230.2.1 3-15-99 • • § 97-11 WETLANDS § 97-12 in order to minimize damage from erosion, turbidity or siltation, saltwater intrusion, loss of fish, shellfish or other beneficial marine organisms, aquatic wildlife and vegetation and the destruction of the natural habitat thereof, to minimize danger of flood and storm -tide damage and pollution, and to otherwise protect the quality of wetlands, tidal waters, marshes, shore lines, beaches and natural drainage systems for their conservation, economic, aesthetic, recreational and other public uses and values, and, further, to protect the potable fresh water supplies of the town from the dangers of drought, overdraft, pollution from saltwater intrusion and misuse or mismanagement. Therefore, the Town Board declares that the regulation of the wetlands of the Town of Southold is essential to the health, safety and welfare of the people of the Town of Southold. § 97-12. Exceptions. A. The provisions of this chapter shall not affect or prohibit nor require a permit for the following: (1) The ordinary and usual mosquito control operations conducted by any public authority. (2) The ordinary and usual operations incidental to the cultivation and/or harvesting of fish and shellfish.) (3) The ordinary and usual operations relative to .conservation of soil, vegetation, fish, shellfish and wildlife. (4) The ordinary and usual operations relative to agriculture, aquaculture or horticulture. (5) The ordinary and usual maintenance or repair of a presently existing building, dock, pier, wharf, 1 Editor's Note: See Ch. 77, Shellfish. 9703 3-15-99 § 97-12 SOUTHOLD CODE § 97-13 bulkhead, jetty, groin, dike, dam or other water control device or structure.2 (6) The construction of a registered bulkhead, which is to replace an existing functional bulkhead, provided that the new bulkhead is constructed substantially similar to the design and measurement of the existing bulkhead and located in place of the • existing bulkhead. The Trustees shall be given written notice of the project prior to commencement of the work. [Added 5-3-1988 by L.L. No. 9-19881 (7) The ordinary and usual maintenance or repair of a man-made pond that is created by using an artificial seal to prevent water from seeping into the ground and activities disturbing the bottom lands of and wetlands adjacent thereto. [Added 11-10-1998 by L.L. No. 21-19981 B. Nothing contained in this chapter shall be deemed to affect any areas in the town within the jurisdiction of the Southold Town Board of Trustees. § 97-13. Definitions. For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the present tense include the future; words used in the plural number include the singular number; .and words used in the singular number include the plural number. The word "shall" is always mandatory and not directory. BOARD = Unless otherwise indicated, the Board of • Trustees of the Town of Southold. [Added 6-5-1984 by L.L. No. 6-19841 2 Editor's Note. See Ch. 32, Boats, Docks and Wharves. 9704 3-15-99 § 97-13 WETLANDS § 97-13 CLERK — Unless otherwise indicated, the Clerk of the Board of Trustees. [Added 6-5-1984 by L.L. No. 6-1984] MATERIAL — Soil, sand, gravel, clay, bog, peat, mud or any other material, organic or inorganic. OPERATIONS: • A. The removal of material from wetlands. B. The deposit of material on wetlands. C. The erection, construction, alteration or enlargement of any building, dock, pier, wharf, bulkhead, jetty, groin or other structure, temporary or permanent, on wetlands. PEAK LUNAR TIDES — Those excessively high tides or spring tides caused by lunar gravitational phenomena. PERSON — Any person, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations or govern- mental agencies or subdivisions thereof. TIDAL WATERS - All waters bordering on or within the boundaries of the Town of Southold subject to fluctuation in depth from peak lunar, storm or normal tidal action, and including but not limited to all brackish and salt waters of streams, ponds, creeks, estuaries, sounds, bays and inlets. [Amended 3-26-1985 by L.L No. 6-1985; 5-3-1988 by L.L. No. 10-1988; 1-21-1992 by L.L. No. 2-19921 TOWN — The Town of Southold. • TRUSTEES — The Board of Trustees of the Town of Southold. [Added 6-5-1984 by L.L. No. 6-1984] WETLAND BOUNDARY OR BOUNDARIES OF WETLAND — The outer limit of the vegetation specified in the definition of freshwater, brackis or tidal wetland. The wetland boundary is to be defined and flagged at the point where existing wetland indicator species no longer l 9705 3-15-99 § 97-13 SOUTHOLD CODE § 97-13 have a competitive advantage over upland species. Wetland and upland plants will mix together at this transition zone. The methodology used to determine this boundary shall be the same methodology utilized in the New York State Department of Environmental Conservation (NYSDEC) Technical Methods Statement relating to the Freshwater Wetlands Act; to wit, if the • innermost portion of a wetland is effectively 100% wetland plants, the next concentric ring shows an area of 75% wetland species, and the outer ring is a 50% mix where the competitive advantage of upland species is demonstrated, the boundary line will be drawn at the mid -point of the outer ring. Where a site is dominated by facultative species which are characteristic of Long Island wetlands, such as red maple (Acer rubrum) and black tupelo (Nyssa sylvatica), a community approach shall be used in determining the wetland boundary. The test of what constitutes a wetland community will be satisfied if the .species are those included in the description of natural wetland community types as documented by the New York Natural Heritage Program in the March 1990 manual entitled "Ecological Communities of New York State." [Added 11-10-1998 by L.L. No. 21-19981 WETLANDS [Amended 8-26-1976 by L.L. No. 2-1976; 3-26-1985 by L.L. No. 6-19851: A. TIDAL WETLANDS: (1) All lands generally covered or intermittently covered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a • maximum depth of five feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, flats or other low lying lands subject to tidal action; 9706 3-15-99 § 97-13 WETLANDS § 97-13 (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or • (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within 75 feet landward of the most landward wetland boundary of such tidal wetland. [Amended 11-10-1998 by L.L. No. 21-19981 B. FRESHWATER WETLANDS [Amended 11-10-1998 by L.L. No. 21-19981: (1) "Freshwater wetlands" as defined in Article 24, Title 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York; or (2) All lands and waters in the town which contain any or all of the following: (a) Lands and submerged lands commonly called "marshes," "swamps," "sloughs," "bogs" and "flats" supporting aquatic or semiaquatic vegetation of the following types: [1] Wetland trees which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other trees, including, among others, • red maple (Acer rubrum), willows (Salix spp.), black spruce (Picea mariana); swamp white oak (Quercus bicolor), red ash (Fraxinum pennsylvanica), black ash (Fraxinus nigra), silver maple (Acer 9706.1 3-15-99 § 97-13 SOUTHOLD CODE § 97-13 saccharinum), American elm (Ulmus americana) and larch (Larix laricina); [2] Wetland shrubs which depend upon seasonal or permanent flooding or sufficiently water-logged soils to give them a competitive advantage over other shrubs, including, among others, • alder (Alnus spp.), buttonbush (Cephalkanthus occidentialis), bog rosemary (Andromeda glaucophylla), dogwoods (cornus spp.) and leatherleaf (Chamaedaphne calyculata); [3] Emergent vegetation, including, among others, cattails (Typha spp.), pickerelweed (Pontederia cordata), bulrushes (Scirpus spp.), arrow arum (Peltandra virginica), arrowheads (Sagittaria spp.), reed (Phragmites communis), wildrice (Zizania aquatica), bur -reeds (Sparganum spp.), purple loosestrife (Lythrum salicaria), swamp loosestrife (Decodon verticillatus) and water plantain (Alisma plantagoaquatica); [4] Rooted, floating -leaved vegetation, including, among others, water -lily (Nymphaea odorata), water shield (Brasenia schreberi) and spatterdock (Nuphar spp.); [5] Free-floating vegetation, including, among others, duckweed (Lemna spp.), • big duckweed (Spirodela polyrhiza) and watermeal (Wolffia spp.); [6] Wet meadow vegetation which depends upon seasonal or permanent flooding or sufficiently water-logged soils to give it a competitive advantage over 9706.2 3-15-99 § 97-13 WETLANDS § 97-13 other open land vegetation, including, among others, sedges (Carex spp.), rushes (Juncus spp.), cattails (Typha spp.), rice cut -grass (Leersia oryzoides), reed canary grass (Phalaris arundinacea), swamp loosestrife • (Decodon verticillatus) and spikerush (Eleocharis spp.); [7] Bog mat vegetation, including, among others, sphagnum mosses (Sphagnum spp.), bog rosemary (Andromeda glaucophylla), Ieather1eaf (Chamaedaphne calyculata), pitcher plant (Sarracenis purpurea) and cranberries (Vaccinum macrocarpon and V. oxycoccos); or [8] Submergent vegetation, including, �- among others, pondweeds (Potamogeton spp.), naiads (Najas spp.) bladderworts (Utricularia spp.), wild celery (Vallisneria americana), coontail (Ceratophyllum demersum), water milfoils (Myriophyllum spp.) muskgrass (Chara spp.), stonewort (Nitella spp.), water weeds (Elodea spp.) and water smartweed (Polygonum amphibium). (b) Lands and submerged lands containing remnants of any vegetation that is not aquatic or semiaquatic that has died • because of wet conditions over a sufficiently long period, provided that such wet conditions do not exceed a maximum seasonal water depth of six feet and provided further that such conditions can be expected to persist indefinitely, barring human intervention. 9706.3 3-15-99 § 97-13 SOUTHOLD CODE § 97-20 (c) Lands and waters substantially enclosed by aquatic or semiaquatic vegetation as set forth in Subsection BMW or be dead vegetation as set forth in Subsection B(2)(b), the regulation of which is necessary to, protect and preserve the aquatic and semiaquatic vegetation. • (d) The waters overlying the areas set forth in Subsection BMW and (b) and the lands underlying Subsection B(2)(c). (3) All land immediately adjacent to a freshwater wetland, as defined in either Subsection B(1) or Subsection B(2), and lying within 75 feet landward of the most landward wetland boundary of such freshwater wetland. ARTICLE II Permits § 97-20. Permit required. [Amended 6-5-1984 by L.L. No. 6-1984; 3-26=1985 by L.L. No. 6-1985] A. Permit required. Notwithstanding any prior course of conduct or permission granted, no person shall conduct operations on any wetlands in the Town of Southold unless he shall first obtain a written permit therefor issued . by authority of the Trustees as hereinafter provided and only while such permit remains in effect. B. Notwithstanding the provisions of Subsection A of this section, the Trustees may, by resolution, waive the requirement of a permit with respect to lands • immediately adjacent to wetlands, as defined in Subsection A(3) or B(3) of the definition of "wetlands" in § 97-13, if the Trustees find and determine that no operations are proposed on such lands, or that the operations proposed thereon comply with the standards set forth in § 97-28 of this chapter. 9706.4 3-15-99 § 97-21 WETLANDS § 97-21 § 97-21. Application. [Amended 6-5-1954 by L.L. No. 6-19841 A permit may be issued upon the written, verified application of the person proposing to perform operations on wetlands. The application shall be submitted to the Clerk in quadruplicate. Such application shall contain the following information: • A. The name and address of the applicant and the source of the applicant's right to perform such operations (e.g., whether applicant is the owner, lessee, licensee, contractor, etc.). In all cases where the applicant,is not the owner of the premises where such operations are proposed to be conducted, the consent of the owner, duly acknowledged, must be attached to said application. B. The purpose of the proposed operations. C. The amount of material proposed to be removed or deposited, and/or the type, size and location of any proposed structure. (Cont'd on page 9707) • 9706.5 3-15-99 § 100-13 ZONING § 100-13 AUTO REPAIR SHOP — A commercial use involving the adjustment, painting, replacement of parts or other repair or restoration of motor vehicles. [Added 4-28-1997 by L.L. No. 6-19971 BASEMENT — A story of a building, partly below the finished grade level, which has more than 1/2 of its is height, measured from floor to ceiling, above the average established curb level or finished grade of the land immediately adjacent to the building. BED -AND -BREAKFAST — The renting of not more than three rooms in an owner -occupied dwelling for lodging and serving of breakfast to not more than six casual and transient roomers, provided that the renting of .such rooms for such purpose is clearly incidental and subordinate to the principal use of the dwelling. BERM— A structure composed primarily of earth intended for privacy, security, enclosure, visual screening or noise abatement. BILLBOARD — A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction which is sold, offered or existing elsewhere than upon the same lot where such sign is displayed or only incidentally upon such lot. BLOCK — An area bounded by one or more streets or a municipal boundary and of sufficient size to accommodate a lot or lots of minimum size required by this chapter. BOARDING- AND TOURIST HOUSES — A building, • other than a hotel, where lodging, with or without meals, for five or more persons is furnished for compensation. BOARD OF APPEALS — The Zoning Board of Appeals of the Town of Southold. BREEZEWAY — Open construction with a roof projecting from the outside wall of a building, not to 10015 3-15-99 § 100-13 SOUTHOLD CODE § 100-13 exceed dimensions of 8 feet by 10 feet, connecting the main building and a garage. Other types of attachments which extend more than 10 feet, or exceed 80 square feet in area, shall not attach a main building to a separate building unless such attachment meets the requirements of livable floor area. [Added 5-31-1994 by L.L. No. 10-1994] • BUILDABLE AREA — The area of a lot remaining after the minimum yard and open space requirements of this chapter have been met. BUILDABLE LAND — The net area of a lot or parcel after deducting wetlands, streams, ponds, slopes over 15%, underwater land, easements or other restrictions preventing use of such land for construction of buildings or development. BUILDING — A structure wholly or partially enclosed within exterior walls, or within exterior and party walls, and • a roof, affording shelter to persons, animals or property. [Amended 11-12-1997 by L.L. No. 26-1997; 12-8-1998 by L.L. No. 27-19981 BUILDING AREA — The aggregate of the maximum horizontal cross section of the buildings on a lot, measured between the exterior faces of walls. (1) The term "building area" shall include the following: (a) Balconies. (b) Terraces, patios, decks and other structures above the finished grade. (c) Swimming pools, tennis courts and other similar structures. • (2) The term "building area" shall exclude the following: (a) Cornices, eaves, gutters, chimneys and fireplaces, projecting not more than 28 inches from exterior walls. 10016 3-15-99 § 100-13 ZONING § 100-13 (b) Steps and open porches, projecting not more than five feet from exterior walls and having an area of not more than 30 square feet. (c) First -story bay windows projecting not more than three feet from exterior walls and exterior cellar doors projecting not more than six feet • from exterior walls. BUILDING LINE — A line formed by the intersection or a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of building on any side. In case of a cantilevered section building, the vertical plane will coincide with the most projected surface. BULKHEAD — A structure or barrier the intended use for which is to separate and act as a barrier between earthen material and water. [Added 7-13-1993 by L.L. No. 14-19931 CELLAR — Any space in a building, partly below finished grade level, which has more than 1/2 its height, measured from floor to ceiling, below average established curb level or finished grade of land immediately adjacent to the building. CERTIFICATE OF COMPLIANCE — A document issued by the Building Inspector certifying that the premises indicated conform to Zoning Board of Appeals requirements for bed -and -breakfast use or accessory apartment use at the time of issuance. [Added 5-20-1993 by L.L. No. 6-19931 CERTIFICATE OF DETERMINATION — [Added • 5-20-1993 by L.L. No. 5-1993; repealed 7-11-1995 by L.L. No. 16-19951 CERTIFICATE OF OCCUPANCY — A document issued by a Town Building Inspector allowing the use and occupancy of a building and/or land and certifying that the structure and/or use of land and/or structures is in �' 10017 3-15-99 § 100-13 SOUTHOLD CODE § 100-13 compliance with all state and local codes, regulations and requirements. CHILD CARE — A residential structure and property used principally as a residence, where child care is provided by the resident for a total of five or fewer children other than those of the caregiver. This use must be in accordance with the regulations governing home • occupations in this Zoning Code. [Added 11-12-1996 by L.L. No. 20-19961 CLUSTER — See "residential cluster." CLUB, BEACH — A not-for-profit corporation, as defined in § 102 of the Not -For -Profit Corporation Law of the State of New York, located contiguous to a bay or Long Island Sound and established for the principal purpose of engaging in swimming in the sound or the ' bays, but excluding any form of aviation, motorboat racing or waterskiing on inland waterways or similar hazardous sports. CLUB, MEMBERSHIP OR COUNTRY OR GOLF — An entity established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities, but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. [Amended 12-8-1998 by L.L. No. 26-19981 CLUB, YACHT — A not-for-profit corporation, as defined by § 102 of the Not -For -Profit Corporation Law of the State of New York, established for the principal purpose of engaging in recreational boating. The activities of such a "yacht club" shall be limited to its members and their • guests and shall not be extended to the general public. The term "yacht club" shall be deemed to include the term "marina" but shall not be deemed to include the term "boatyard" except for the out -of -water storage of members' boats. 10018 3-15-99 § 100-13 ZONING § 100-13 COMMON OPEN SPACE — An open space area within or related to a site designated as a development that is available for the use of all residents or occupants thereof. CONDOMINIUM — A building or buildings, the dwelling units of which are individually owned, each owner receiving a deed enabling him to sell, mortgage or exchange his dwelling unit independent of the owners of the other dwelling units in the building or buildings. CONTINUING CARE FACILITY — An institution that is licensed to provide health care under medical supervision to in -patients. The facility provides continuing, skilled nursing care on a long-term, extended basis. Shall be otherwise known as a "nursing home." [Added 11-12-1996 by L.L. No. 20-19961 COOPERATIVE — A type of resort or multiple residence in which persons have an ownership interest in the entity which owns the building or buildings and, in j addition, a lease or occupancy agreement which entitles them to occupy a particular dwelling unit therein, regardless of whether, and in what manner, the dwelling units are managed, leased or otherwise made available for use by persons other than the owners thereof. COURT, INNER — An open space enclosed on all sides by exterior walls of a building. COURT, OUTER — An open space enclosed on three sides by exterior walls of a building. COURT, DEPTH OF OUTER — The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof. COURT, WIDTH OF OUTER — The linear dimension of the unenclosed side of the court. CUL-DE-SAC — The turnaround at the end of a dead- end street. CURB CUT — The opening along the curbline at which point vehicles may enter or leave the roadway. �' _ 10018.1 3-15-99 § 100-13 SOUTHOLD CODE § 100-13 CURB LEVEL — The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. CUSTOM WORKSHOP — A business premises used for the making of clothing, millinery, shoes or other personal articles to individual order or measure, for sale at retail on the premises only and not including the manufacture • of machinery, vehicles, appliances and similar heavy goods and ready-to-wear or standardized products. DECK — Construction attached to a building open to the sky with floor materials built at an elevation above natural grade. Decks are required to have building permits before construction. [Added 5-31-1994 by L.L. No. 10-19941 (Cont'd on page 10019) • 10018.2 3-15-99 § 100-13 ZONING § 100-13 (2) The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices. (3) Any other information that may be reasonably • required in order to make an informed determination pursuant to this chapter for the review and approval of site plans by the Planning Board. SPECIAL EXCEPTION USE — A use that is deemed appropriate in a particular district if specified conditions are met. STORY — That part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams. STORY, HALF — Any space, with a minimum clear height of five feet, partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more. STREET — A street, improved to the satisfaction of the Planning Board, which is one of the following: (1) An existing town, county or state highway or street. (2) A street shown on an approved subdivision final • plat. (3) A street shown on a map filed with the County Clerk (in accordance with § 280-a of the Town Law) prior to Planning Board authorization to review subdivisions.' 1 Editor's Note: See also Ch. A106, Subdivision of Land. 10031 3-15-99 § 100-13 SOUTHOLD CODE § 100-13 (4) A street shown on the Town Official Map. STREET LINE — The dividing line between a lot and a street. STRUCTURAL ALTERATION — Any change in the supporting members of a building, such as beams, columns, girders, footings, foundations or bearing walls. STRUCTURE — An assembly of materials, forming a construction framed of component structural parts for occupancy or use, including buildings. [Added 12-8-1998 by L.L. No. 27-19981 SWIMMING POOL — A structure containing an artificial body of water which is greater than six feet long or wide and greater than 18 inches in depth at any point. Natural or man-made ponds all banks of which have a slope of less than 45° shall not be included in this definition. TELECOMMUNICATION TOWER — A telecommunication tower is a type of wireless communication facility designed and constructed specifically to support an antenna array, and may include a monopole, self-supporting tower, guy -wire support tower and other similar structures. A wireless communication facility attached to an existing building or structure shall be excluded from this definition. [Added 11-12-1997 by L.L. No. 26-19971 TOURIST CAMP — Any lot, piece or parcel of ground where two or more tents, tent houses, camp cottages, house cars or house trailers used as living or sleeping quarters are or may be located, said camp being operated for or without compensation .2 TOURIST COTTAGE — A detached building having less than 350 square feet of cross-sectional area, designed for 2 Editor's Note: See also Ch. 88, Tourist and Trailer Camps. 10032 3-15-99 • • § 100-13 ZONING § 100-13 or occupied as living and sleeping quarters for seasonal occupancy. TOWN BOARD — The Town Board of the Town of Southold. TOWNHOUSE — A dwelling unit in a building • containing at least three connected dwelling units divided by common vertical party walls with private entrances to each dwelling. A townhouse may include dwelling units owned in fee simple or in condominium or cooperative ownership or any combination thereof. TRAILER OR MOBILE HOME — Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle and equipped to be used for living or sleeping quarters or so as to permit cooling. The term "trailer" shall include such vehicles if mounted on temporary or permanent foundations with the wheels removed and shall include the terms "automobile trailer" and "house car." USABLE OPEN SPACE — An unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet and which is available and accessible to all occupants of the building or buildings on the said lot for purposes of active or passive outdoor recreation. USE — The purpose for which land or a structure is arranged, designed or intended or for which either land or a structure is or may be used, occupied or maintained. is USE, ACCESSORY — A use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building. WIRELESS COMMUNICATION FACILITY — Any unstaffed facility for the transmission and/or reception of wireless telecommunications services or other radio 10033 3-15-99 § 100-13 SOUTHOLD CODE § 100-13 transmission and/or receiving service or use usually consisting of a wireless communication facility array, connection cables, an equipment facility and a support structure to obtain the necessary elevation. The support structure is either a building, telecommunication or radio antenna or tower or other approved structure. [Added 11-12-1997 by L.L. No. 26-1997; amended • 2-2-1999 by L.L. No. 3-19991 WIRELESS COMMUNICATIONS — Any radio transmission and/or receiving service or use, including, but not limited to, personal wireless services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial telephone services, personal communication services, specialized mobile radio, enhanced specialized mobile radio, paging and similar services that currently exist or that may in the future be developed. [Added 11-12-1997 by L.L. No. 26-1997; amended 2-2-1999 by L.L. No. 3-19991 YARD — An open space, other than a court, on the same j lot with a building which is, exclusive of trees, shrubs and natural rock formations, unoccupied and unobstructed from the ground upward. YARD, FRONT — An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the town or .an approved subdivision plat, and a line drawn parallel thereto. YARD LINE A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter. YARD, REAR — An unoccupied ground area fully open • to the sky between the rear lot line and a line drawn parallel thereto. 10034 3-15-99 i § 100-13 ZONING § 100-20 YARD, SIDE — An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto between the front and rear yards. ZONE — A finite area of land, as designated by its boundaries on the Zoning Map, throughout which is specific and uniform regulations govern the use of land and/or the location, size and use of buildings. ZONING BOARD — See "Board of Appeals." ZONING MAP — The map annexed to and made part of this chapter indicating zone boundaries. ARTICLE II Districts § 100-20. District designations. [Amended 7-31-1973; " 7-1-1986 by L.L. No. 6-1986; 1-10-1989 by L.L. No. 1-1989] For the purpose of this chapter, the Town of Southold, outside of the incorporated Village of Greenport, is hereby divided into districts designated as follows: A -C Agricultural -Conservation District (two -acre minimum) R-80 Residential Low -Density District (two -acre minimum) R-40 Residential Low -Density District (one -acre minimum) R-120 Residential Low -Density District (three -acre minimum) R-200 Residential Low -Density District (five -acre minimum) R-400 Residential Low -Density District (ten -acre minimum) HD Hamlet Density Residential District • AHD RR Affordable Housing District Resort Residential District RO Residential Office District HB Hamlet Business District LB Limited Business District B General Business District MI Marine I District MII Marine II District i'J 10034.1 3-15-99 § 100-20 SOUTHOLD CODE § 100-21 LIO Light Industrial Park/Planned Office Park District LI Light Industrial District § 100-21. Zoning Map. [Amended 1-10-1989 by L.L. No. 1-1989] The boundaries of the said districts are hereby established as • shown on the Zoning Map, dated January 10, 1989, which accompanies this chapter and which, with all explanatory matter thereon, is hereby adopted and made a part of and incorporated into this chapter. Said map, indicating the latest amendments, shall be kept up-to-date, and a copy thereof shall be kept in the office of the Building Inspector for the use and benefit of the public. (Cont'd on page 10035) • 10034.2 s -15 -ss i 1 § 100-31 ZONING § 100-31 (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as • such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-19961 Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) The maximum height shall be 35 feet or 21/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. • (e) Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire -resistive construction. �' 10041 3-15-99 § 100-31 SOUTHOLD CODE § 100-31 [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in. any nursing home or sanatorium. (Communicable diseases are defined by the • Sanitary Code of the Public Health Council of the State of New York.) [4] Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the town, except that wireless communication facilities must obtain approval pursuant to Article XVI, subject to such conditions as the Board of Appeals may impose in order to protect and. promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11-12-1997 by L.L. No. 26-19971 (7) [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-19981 Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: (a) No building or part thereof or any parking or • loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. 10042 3-15-99 § 100-31 ZONING § 100-31 (c) No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to the following requirements: • (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents, which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 r' square feet of land area shall be provided for 1 each person accommodated in the buildings or tents on the premises. (03 The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the employer, • except by specific review and approval of the Planning Board. 3 Editor's Note: Former Subsection B(8)(c), dealing with the glare of lights toward nearby property, was repealed 12-27-1994 by L.L. No. 30.1994. This local law also provided for the renumbering of former Subsection BMW) as B(8)(c). 10043 3-15-99 § 100-31 SOUTHOLD CODE § 100-31 (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (11) Cemeteries. • (12) Stables and riding academies. (13)40ne accessory apartment in an existing one -family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (Cont'd on page 10045) is 4 Editor's Note: Former Subsection BUS), wineries, as amended, was repealed 11-29-1994 by ML No. 26-1994, which local law also renumbered former Subsections B(14) and (15) as Subsections B(13) and (14), respectively. 10044 3-15-99 • § 100-151 ZONING § 100-161 § 100-151. Conformance required. Except as otherwise provided in this chapter, no building or premises shall be used or occupied and no building or structure or part thereof shall be erected or altered in a use district unless the same conforms to the Density and Minimum Lot Size Schedules and the Bulk Schedules hereinafter set forth.5 ARTICLE XVI Wireless Communication Facilities [Added 11-12-1997 by L.L. No. 26-19971 § 100-160. Purpose. It is the express purpose of this article to minimize the visual and environmental impacts of wireless communication facilities while protecting the health, safety and welfare of Southold's citizens and allowing wireless service providers to meet their technological and service objectives. This article allows wireless communication facilities, and particularly telecommunication towers, to be reviewed and approved in keeping with the town's existing zoning and historic development patterns, including the size and spacing of structures and open spaces. Furthermore, the standards herein reflect two preferences: that wireless communication facilities are preferred in industrial areas and that wireless communication facilities be located on existing buildings and towers rather than on newly constructed towers. Any wireless communication facility must take into account the aesthetic aspects of the town, including open vistas, scenic byways and historic districts. • § 100-161. Scope. [Amended 12-8-1998 by L.L. No. 25-19981 The regulations of this article shall govern and control the erection, enlargement, expansion, alteration, operation, mainte- nance, relocation and removal of all wireless communication 5 Editor's Note: The Density, Minimum Lot Size and Bulk Schedules are included at the end of this chapter. 10096.11 3-15-99 § 100-161 SOUTHOLD CODE § 100-162 facilities. The regulations of this article relate to the location and design of these facilities and shall be in addition to the provisions of the Southold Building and Zoning Codes and any other federal, state or local laws or Federal Communication Commission (FCC) regulations pertaining to such facilities. Nothing herein shall be construed to, apply to, prohibit, regulate or otherwise affect the erection, maintenance or • utilization of antennas or support structures by those licensed by the Federal Communications Commission pursuant to Chapter 47 of the Code of Federal Regulations, Part 97, to operate amateur radio stations. § 100-162. Location of use. No wireless communication facility shall be used, erected or altered in the Town of Southold except as follows: A. In Residential and Marine Districts including AC, R80, R40, R120, R200, R400, AHD, HD, RR, RO, MI and MII, a wireless communication facility is subject to site plan approval and must meet the following requirements. (1) Wireless communication facilities on buildings shall require a special exception approval pursuant to this article. Wireless communication facilities on buildings shall be no higher than 10 feet above the average height of buildings (excluding signs, fences and walls) within 300 feet of the proposed facility. The building on which the wireless communication facility is located must be located at least 100 feet from the nearest property line and 300 feet from any landmark property or district listed by federal, state or town agencies. • (2) Wireless communication facilities on existing telecommunications towers shall require a special exception approval pursuant to this chapter unless otherwise allowed by the terms of a prior special exception approval. 10096.12 3-15-99 § 100-162 ZONING § 100-162 (3) Wireless communication facilities on telecommunication towers shall require special exception approval pursuant to this article and shall not project higher than 10 feet above the average height of buildings (excluding signs, fences and walls) within 300 feet of the facility or, if there are • no buildings within 300 feet, these facilities shall (Cont'd on page 10096.13) 10096.12.1 3-15-99 § 100-280 ZONING § 100-281 F. At the request of the Planning Board, the Building Inspector shall review site plan applications for compliance with this chapter and requirements established in the presubmission conference. G. 6 [Added 11-24-1998 by L.L. No. 23-19981 For this chapter, the term "Building Inspector" shall include and • refer to: (1) Building Inspectors of the Town of Southold; and (2) The Director of Code Enforcement of the Town of Southold. § 100-281. (Reserved)7 (Cont'd on page 10171) 6 Editor's Note: Former Subsection G, which provided for the Building Inspector to issue a certificate of determination upon review for compliance, which subsection was added 5-20-1993 by LL No. 5-1993, was repealed 7-11-1995 by " No. 16-1995. 7 Editor's Note: Former § 100-281, Building permits, as amended, was repealed 5-30-1995 by I.L. No. 11.1995. See now § 45-8. �/ 10167 3-15-99 • • SOUTHOLD SUPPLEMENTAL INDEX —A— ABANDONMENT Signs, 100-207 ACCESSORY BUILDINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 ACCESSORY USES Farm stands, 47-3 ADMINISTRATOR Coastal erosion hazard area, 37-42 Defined, 37-6 Powers and duties, 37-42 ADOPTION OF LOCAL LAWS Rezonings, 14-6 ADVISORY BOARD Defined, 6-16 AFFORDABLE HOUSING (AHD) DISTRICT Penalties for offenses, 100-59 Zoning, 100-50 —100-59 AGRICULTURAL - CONSERVATION (A -C) DIS- TRICT Area, yard and bulk regulations, 100-32 Parking, 100-32 AGRICULTURAL DEBRIS Defined, 48-1 AGRICULTURAL LAND PRES- ERVATION Land Preservation Committee, 25-50 AIRPORT REGULATIONS Wireless communication facilities, 100-166 ALARM SYSTEMS Bed -and -breakfast, 100-31 False alarms, 24-5, 24-6 Fees, 24-6 Penalties for offenses, 24-8 Permits, 24-3, 24-4 ANCHORING Fishers Island Harbor manage- ment, 33-6 Flood damage prevention, 46-16 ANTENNAS Wireless communication facilities, 100-165 APARTMENT Defined, 100-13 APARTMENT HOUSE Defined, 100-13 APPEALS Coastal erosion hazard area, 37-35, 37-36 Flood damage prevention, 46-22 Two -percent real estate transfer tax, 6-145 APPEAR Defined, 10-2 APPEAR BEFORE Defined, 10-2 APPOINTMENTS Architectural Review Committee, 100-258 Ethics Board, 10-19 Fishers Island Harbor Committee, 33-3 Land Preservation Committee, 25-50, 59-50 ARCHITECTURAL REVIEW Architectural Review Committee, 100-258 Site plan approval, 100-257, 100-258 ARCHITECTURAL REVIEW COMMITTEE Appointments, 100-258 Architectural review, 100-258 Membership, 100-258 Qualifications, 100-258 Residency requirements, 100-258 Salaries and compensation, 100-258 Terms of office, 100-258 ARCHIVES Defined, 72-3 AREA, YARD AND BULK REGU- LATIONS Agricultural -Conservation (A -C) District, 100-32 Farm stands, 47-3 General Business (B) District, 100-103 Light Industrial (Id) District, 100-143 Light Industrial Park/Planned Of- fice Park (LIO) District, 100-133 J _ SI -1 3-15-99 SOUTHOLD SUPPLEMENTAL INDEX Limited Business (LB) District, 100-83 Wireless communication facilities, 100-165 AUTO REPAIR SHOPS Defined, 100-13 —B— BAZAARS, see PUBLIC ENTER- TAINMENT AND SPECIAL EVENTS BEACH Defined, 37-6 BED -AND -BREAKFAST Alarm systems, 100-31 Fees, 100-281 Signs, 100-31 Zoning, 100-31, 100-281 BERMS Height regulations, 100-231 BLUFF Defined, 37-6 BOARD OF APPEALS Notice of public hearing, 100-275 BOATS Fishers Island Harbor manage- ment, 33-12 Mooring, 32-39.3 BOATS, DOCKS AND WHARVES Bathing and swimming, 32-38.1 Mooring, 32-39.4 Notices, 32-39.4 Permits, 32-39.3, 32-39.4 Ramps, 32-32.1 Regulation of personal watercraft and specialty prop -craft, 32-36.3 Scuba diving, 32-38.2 Spear fishing, 32-38.3 BODY FLUIDS Defined, A107-43.1 BONDS Coastal erosion hazard area, 37-41 BOWRIDING Defined, 32-31 BREEZEWAY Defined, 100-13 BUILDING INSPECTOR Flood damage prevention, 46-11, 46-14 Powers and duties, 46-14 BUILDING PERMITS Site plan approval, 100-252 BUILDINGS, DEMOLITION OF Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 BULKHEAD Defined, 100-13 BURNING, OUTDOOR Exclusions, 36-4 Penalties for offenses, 36-5 Supervision of fires, 36-3 BUSINESS Defined, 10-2 _C_ CANS Defined, 48-1 CANVASSERS Defined, 69-1 See also PEDDLERS, SOLICI- TORS AND TRANSIENT RE- TAIL MERCHANTS CERTIFICATE OF COMPLI- ANCE Defined, 100-13 Flood damage prevention, 46-14 CERTIFICATE OF DETERMI- NATION Defined, 100-13 CERTIFICATE OF OCCUPANCY Site plan approval, 100-252 CHANNEL SYSTEM Defined, 32-31 CHILD-CARE Defined, 100-13 CIRCUSES, see PUBLIC ENTER- TAINMENT AND SPECIAL EVENTS CLIENT Defined, 10-2 COASTAL EROSION HAZARD AREA Administration and enforcement, 37-40 _ 37-49 Administrator, 37-42 Amendments, 37-50, 37-51 Appeals, 37-35, 37-36 SI -2 3-15-99 I] r� r� J • SOUTHOLD SUPPLEMENTAL INDEX Applicability, 37-20 Beach area, 37-15 Bluff area, 37-17 Bonds, 37-41 Certification, 37-51 Coastal Erosion Hazard Board of Review, 37-34 Conflicts, 37-44 Definitions, 37-6 Dune area, 37-16 Emergency activity, 37-20 — 37-29 Enactment, 37-1 Environmental review, 37-46 Erosion protection structures, 37-18 Establishment, 37-10 Fees, 37-32, 37-40 Findings, 37-5 General provisions, 37-1— 37-9 Interpretation, 37-43 Near shore area, 37-14 Notices, 37-21, 37-22 Penalties for offenses, 37-47 Permits, 37-11, 37-12, 37-40 Procedure, 37-50 Purpose, 37-4 Regulations, 37-10 — 37-19 Structural hazard area, .37-13 Title, 37-2 Traffic control, 37-19 Variances, 37-30 — 37-39 COASTAL EROSION HAZARD AREA MAP Defined, 37-6 COASTAL EROSION HAZARD BOARD OF REVIEW Coastal erosion hazard area, 37-34 COASTAL WATERS Defined, 37-6 COASTLINE Defined, 37-6 COLLAPSED BUILDINGS, see UNSAFE BUILDINGS COMMERCIAL DISTRICTS Wireless communication facilities, 100-162,100-166 COMMERCIAL VEHICLES Defined, 48-1 COMMON OWNERSHIP Defined, 100-25 COMMUNICABLE DISEASE Defined, A107-43.1 COMMUNICABLE/INFECTIOUS DISEASES Definitions, A107-43.1 Line -of -duty exposures, A107-43.1 Notices, A107-43.1 Police Department rules and regulations, A107-43.1 Policy, A107-43.1 Procedures, A107-43.1 Purpose, A107-43.1 Records, A107-43.1 Supplies, A107-43.1 COMMUNICATION FACILITIES, see WIRELESS COMMUNICA- TION FACILITIES„ COMMUNITY PRESERVATION Defined, 6-16 COMMUNITY PRESERVATION FUND Acquisition of interests in prop- erty, 6-28 Alienation of land acquired using fund moneys, 6-36 Community Preservation Project Plan, 6-45 — 6-55 Definitions, 6-16 Findings, 6-7 Fund established, 6-20 Hearings, 6-28 Management of lands acquired pursuant to chapter, 6-32 Purposes of fund, 6-24 Two -percent real estate transfer tax, 6-70 — 6-175 COMMUNITY PRESERVATION FUND ADVISORY BOARD Community Preservation Project Fund, 6-60 — 6-65 Established, 6-60 COMMUNITY PRESERVATION. PROJECT FUND Community Preservation Fund Advisory Board, 6-60 — 6-65 COMMUNITY PRESERVATION PROJECT PLAN Community Preservation Fund, 6-45-6-55 SI -3 3-15-99 SOUTHOLD SUPPLEMENTAL INDEX Community preservation project plan adopted, 6-50 Defined, 6-16 COMPLAINANT Defined, A107-35.1 CONFIDENTIALITY Two -percent real estate transfer tax, 6-160 CONFLICT OF INTEREST Ethics, Code of, 10-4, 10-7 CONSTRUCTION AND DEMO- LITION (C & D) DEBRIS Defined, 48-1 CONTINUING CARE FACILITY Defined, 100-13 CORRUGATED CARDBOARD Defined, 48-1 COSTS AND EXPENSES Two -percent real estate transfer tax, 6-135 CRAWL SPACE Defined, 46-4 CROPS, LIVESTOCK AND LIVESTOCK PRODUCTS Defined, 100-221 CURBS Highway specifications, A108-42 CUSTOMER Defined, 10-2 —D— DEBRIS LINE Defined, 37-6 DECKS Defined, 100-13 DEDICATION OF ROADS Highway specifications, A108-50 DEFINITIONS Administrator, 37-6 Advisory Board, 6-16 Agricultural debris, 48-1 Apartment, 100-13 Apartment house, 100-13 Appear, 10-2 Appear before, 10-2 Archives, 72-3 Auto repair shops, 100-13 Beach, 37-6 Bluff, 37-6 Body fluids, A107-43.1 Bowriding, 32-31 Breezeway; 100-13 Bulkhead, 100-13 Business, 10-2 Cans, 48-1 Canvassers, 69-1 Certificate of compliance, 100-13 Certificate of determination, 100-13 Channel system, 32-31 Child-care, 100-13 Client, 10-2 Club, membership or country or golf, 100-13 Coastal Erosion Hazard Area Map, 37-6 Coastal waters, 37-6 Coastline, 37-6 Commercial vehicles, 48-1 Common ownership, 100-25 Communicable disease, A107-43.1 Community preservation, 6-16 Community Preservation Project Plan, 6-16 Complainant, A107-35.1 Consideration, 6-75 Construction and demolition (C & D) debris, 48-1 Continuing care facility, 100-13 Controlling interest, 6-75 Conveyance, 6-75 Corrugated cardboard, 48-1 Crawl space, 46-4 Crops, livestock and livestock products, 100-221 Customer, 10-2 Debris line, 37-6 Decks, 100-13 Dune, 37-6 Eels, 77-201 Erosion, 37-6 Erosion hazard area, 37-6 Erosion protection structure, 37-6 Existing manufactured home park or subdivision, 46-4 Existing structure, 37-6 Expansion to an existing manufac- tured home park or subdivision, 46-4 SI -4 3-15-99 • • • SOUTHOLD SUPPLEMENTAL INDEX Family/household, A107-35.1 Family offense, A107-35.1 Farm stands, 100-13 Federal Emergency Management Agency, 46-4 Financial benefit, 10-2 Flood Boundary and Floodway Map, 46-4 Flood elevation study, 46-4 Floodplain, 46-4 Flood -prone area, 46-4 Food catering facility, 100-13 Food processing facility, 100-13 Fraternal organization, 100-13 Fund, 6-16, 6-75 Gift, 10-2 Glass, 48-1 Golf course, standard regulation, 100-13 Grading, 37-6 Grantee, 6-75 Grantor, 6-75 Habitable floor area, 100-13 Health care facilities, 100-13 Historical society, 100-13 Historic District, 56-3 Historic structure, 46-4 Home business office, 100-13 Home professional office, 100-13 Illegal dumping, 48-2 Interest in real property, 6-75 Life care community, 100-13 Light industrial uses, 100-13 Living area, 100-13 Local administrator, 46-4 Major addition, 37-6 Mean low water, 37-6 Movable structure, 37-6 Natural protective feature, 37-6 Natural protective feature area, 37-6 Nearshore area, 37-6 New manufactured home park or subdivision, 46-4 Newspaper, 48-1 Nonrecyclable waste, 48-2 Normal maintenance, 37-6 Off -premises sign, 100-13 Order of protection, A107-35.1 Outside employer, 10-2 Patio, 100-13 Peddler, 69-1 Person, 6-75, 10-2, 37-6, 69-1 Personal watercraft, 32-31 Plastics, 48-1 Primary dune, 37-6 Primary frontal dune, 46-4 Probable cause, A107-35.1 Real property, 6-75 Receding edge, 37-6 Recession rate, 37-6 Recording Officer, 6-75 Records, 72-3 Records center, 72-3 Records disposition, 72-3 Records management, 72-3 Recreational facilities, 100-13 Recreational vehicles, 46-4 Recyclable, mandated, 48-1 Recyclable, other, 48-1 Recyclable wood, 48-1 Regulated activity, 37-6 Relative, 10-2 Restaurant, formula food, 100-18 Restaurant, take-out, 100-13 Restoration, 37-6 Retaining wall, 100-13 Salvage center, 74-1 Scalp net, 77-201 Secondary dune, 37-6 Servicing, 72-3 Shopping centers, 100-13 Significant fish and wildlife habi- tat, 37-6 Solicitors, 69-1 Specialty prop -craft, 32-31 Structural hazard area, 37-6 Structure, 37-6, 100-13 Style of architecture, 56-3 Subordinate of a town officer or employee, 10-2 Substantial damage, 46-4 Telecommunication tower, 100-13 Toe, 37-6 Town, 6-75 Town garbage bag, 48-2 Town officer or employee, 10-2 Town Supervisor, 6-75 Transfer station, 48-1 Transient retail business, 69-1 SI -5 3-15-99 SOUTHOLD SUPPLEMENTAL INDEX Treasurer (County Treasurer), 6-75 Unregulated activity, 37-6 Utilities, 100-51 Vegetation, 37-6 Wetland boundary or boundaries of wetland, 97-13 Wireless communication facility, 100-13 Wireless communications, 100-13 DESIGN STANDARDS Wireless communication facilities, 100-165 DISABLED PERSONS WITH LIMITED INCOME, TAX EX- EMPTION XEMPTION FOR Taxation, 85-9 DISCLOSURE OF INTEREST Ethics, Code of, 10-11, 10-16 — 10-18.1 DRAINAGE Highway specifications, A108-27, A108-29 — A108-33, A108-36 Site plan approval, 100-252 DRIVEWAYS Highway specifications, A108-40 DUNE Defined, 37-6 DUST Farmland Bill of Rights, 100-222 Peddlers, solicitors and transient retail merchants, 69-10 —E— EELS Defined, 77-201 EMERGENCIES Coastal erosion hazard area, 37-20 — 37-29 EROSION Defined, 37-6 EROSION HAZARD AREA Defined, 37-6 EROSION PROTECTION STRUCTURE Defined, 37-6 ETHICS BOARD Appointments, 10-19 Establishment, 10-19 Ethics, Code of, 10-19 —10-23 Inspections, 10-23 Investigations, 10-21 Membership, 10-19 Powers and duties, 10-20 Qualifications, 10-19 Records, 10-23 Removal, 10-19 Review of lists and disclosure statements, 10-22 Terms of office, 10-19 ETHICS, CODE OF Appearances, 10-10 Confidential information, 10-11 Conflict of interest, 10-4, 10-7 Debarment, 10-26 Definitions, 10-2 Disclosure of interest, 10-11, 10-16-10-18.1 Ethics Board, 10-19 —10-23 Exclusion from Code of Ethics, 10-15 General prohibition, 10-5 Gifts, 10-8 Goal, 10-3 Inducement of others and bribery, 10-14 Legislative intent, 10-1 Officers and employees, 10-1- 10-26 Penalties for offenses, 10-24 Political solicitation, 10-12 Recusal, 10-6, 10-7 Representation, 10-9 Revolving door, 10-13 Voidable contracts, 10-25 EXCAVATIONS Highway specifications, A108-18 EXISTING MANUFACTURED HOME PARK OR SUBDIVI- SION Defined, 46-4 EXISTING STRUCTURE Defined, 37-6 EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION Defined, 46-4 SI -6 3-15-99 ,r u • • SOUTHOLD SUPPLEMENTAL INDEX —F— FAIRS, see PUBLIC ENTERTAIN- MENT AND SPECIAL EVENTS FALSE ALARMS Alarm systems, 24-5, 24-6 FAMILY/HOUSEHOLD Defined, A107-35.1 FAMILY OFFENSE Defined, A107-35.1 FARM BUILDINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 FARMLAND BILL OF RIGHTS Definitions, 100-221 Dust, 100-222 Enforcement, 100-225 Noise, 100-222 Notice by brokers and agents, right to, 100-224 Notice provided by town agencies, right to, 100-223 Nuisances, 100-222 Odors, 100-222 Penalties for offenses, 100-225 Protected farm practices, right to undertake, 100-222 Right to farm, 100-220 Smoke, 100-222 Vibrations, 100-222 Zoning, 100-220 —100-226 FARM STANDS Accessory uses, 47-3 Area, yard and bulk regulations, 47-3 Defined, 100-13 Fees, 47-4 Greenhouse, 47-3 Nonconforming uses, 47-5 Parking, 47-3 Penalties for offenses, 47-6 Permits'47-2-47-4 Setbacks, 47-3 Topsoil protection, 47-3 FEDERAL EMERGENCY MAN- AGEMENT AGENCY Defined, 46-4 FEES Accessory buildings, 45-8 Alarm systems, 24-6 Bed -and -breakfast, 100-281 Buildings, demolition of, 45-8 Coastal erosion hazard area, 37-32, 37-40 Farm buildings, 45-8 Farm stands, 47-4 Fishers Island Harbor manage- ment, 33-6, 33-8, 33-12 Flood damage prevention, 46-12 Garbage, rubbish and refuse, 48-2 Hotels and motels, 45-8 Peddlers, solicitors and transient retail merchants, 69-4, 69-9 Public entertainment, 100-274 Public entertainment and special events, 71-1 Salvaging centers, 74-3 Signs, 45-8 Single-family dwellings, 45-8 Site plan approval, 100-256 Special events, 100-274 Swimming pools, 45-8 Uniform Fire Prevention and Building Code, 45-8 FENCES Highway specifications, A108-42 Wireless communication facilities, 100-165 FINANCIAL BENEFIT Defined, 10-2 FIRE PREVENTION AND BUILDING CONSTRUCTION Exceptions, 45-8 FISHERS ISLAND Parking at beaches, 65-3.1 Permits, 65-3.1 FISHERS ISLAND HARBOR COMMITTEE Appointments, 33-3 Fishers Island Harbor manage- ment, 33-3 Meetings, 33-3 Notices, 33-3 Powers and duties, 33-3 Terms of office, 33-3 FISHERS ISLAND HARBOR MANAGEMENT Abode, use of vessel as, 33-7 Anchoring, 33-6 Applicability, 33-1 SI -7 3-15-99 SOUTHOLD SUPPLEMENTAL INDEX Boats, unnavigable, 33-12 Fees, 33-6, 33-8, 33-12 Fishers Island Harbor Committee, 33-3 Garbage, rubbish and refuse, 33-11 Hazards to navigation, 33-12 Height regulations, 33-6 Inspections, 33-8 Liability, 33-12 Liens, 33-8, 33-12 Mooring, 33-6 Mooring buoys, 33-6 Mooring maintenance, 33-8 Mooring permits, 33-6 Notices, 33-12 Penalties for offenses, 33-14 Permits, 33-6 Rafting, 33-10 Sale of unnavigable boats, 33-12 Sewage, 33-11 Speed limits, 33-4 Traffic control authority, 33-2 Use of private moorings by guests, 33-9 Wake regulations, 33-4 Waterskiing, 33-5 FLOOD BOUNDARY AND FLOODWAY MAP Defined, 46-4 FLOOD DAMAGE PREVENTION Anchoring, 46-16 Appeals, 46-22 Building Inspector, 46-11, 46-14 Certificate of compliance, 46-14 Construction materials and meth- ods, 46-16 Encroachments, 46-15 Fees, 46-12 General floodproofing standards, 46-15 Manufactured homes, 46-15, 46-21 New construction, 46-15, 46-16 Nonresidential structures (coastal high -hazard areas), 46-20 Nonresidential structures (except coastal high -hazard areas), 46-19 Penalties for offenses, 46-9 Permits, 46-12, 46-13 Recreational vehicles, 46-21 Residential structures (coastal high -hazard areas), 46-18 Residential structures (except coastal high -hazard areas), 46-17 Standards for all structures, 46-16 Stop -work orders, 46-14 Subdivision proposals, 46-15 Utilities, 46-16 Variances, 46-23 Warning and disclaimer of liabil- ity, 46-10 Zoning Board of Appeals, 46-22 FLOOD ELEVATION STUDY Defined, 46-4 FLOODPLAIN Defined, 46-4 FLOOD -PRONE AREA Defined, 46-4 FOOD CATERING FACILITY Defined, 100-13 FOOD PROCESSING FACILITY Defined, 100-13 FRATERNAL ORGANIZATION Defined, 100-13 FUND Defined, 6-16 —G— GARBAGE, RUBBISH AND RE- FUSE Fees, 48-2 Fishers Island Harbor manage- ment, 33-11 Nonrecyclable waste, 48-2, 48-3 Town garbage bag, 48-2 Town Transfer Station, 48-3 GENERAL BUSINESS (B) DIS- TRICT Area, yard and bulk regulations, 100-103 Setbacks, 100-103 Zoning, 100-100 —100-103 GIFT Defined, 10-2 GLASS Defined, 48-1 SI -8 3-15-99 • SOUTHOLD SUPPLEMENTAL INDEX GOLF COURSE, STANDARD REGULATION Defined, 100-13 GRADING Defined, 37-6 GREENHOUSE Farm stands, 47-3 GUARANTIES Site plan approval, 100-254 —H— HABITABLE FLOOR AREA Defined, 100-13 HANDICAPPED PARKING Parking, 92-48 Permits, 92-48 HEALTH CARE FACILITIES Defined, 100-13 Zoning, 100-31 HEARINGS Community Preservation Fund, 6-28 Peddlers, solicitors and transient retail merchants, 69-11 Site plan approval, 100-254 Two -percent real estate transfer tax, 6-145 Zoning, 100-26 See also NOTICE OF PUBLIC HEARING HEIGHT REGULATIONS Berms, 100-231 Fishers Island Harbor manage- ment, 33-6 Wireless communication facilities, 100-162 HIGHWAY SPECIFICATIONS Alterations or modifications to specifications, A108-48 As -constructed survey, A108-46 Asphalt binder course, A108-22 Asphalt pavement cores, A108-26 Asphalt wearing course, A108-23 Base course for asphalt pavement, A108-21 Base course for Stone Blend Road, A108-19 Bituminous surface treatment double application, A108-24 Catch basins, A108-34 Clearing and grubbing, A108-16 Concrete curbs, A108-38 Concrete cylinders, A108-41 Concrete footings, slabs and headwalls, A108-37 Concrete sidewalks and driveway entrances, A108-40 Construction specifications, A108-15, A108-15.1 Dead-end streets, A108-11 Drainage design criteria, A108-27 Drainage pipe criteria, A108-36 Excavation and embankment, A108-18 Fences and curbs at recharge ba- sins, A108-42 Final dedication of roads, A108-50 Granite curbs, A108-39 Inspections, A108-49 Landscaping of recharge basins, A108-43 Leaching basins, A108-28 Manholes, A108-35 Modifications to'existing private roads, A108-25 Recharge basins Type A and drainage areas, A108-29 Recharge basins Type B and drainage areas, A108-30 Recharge basins Type C and drainage, A108-31 Screening, A108-43 Seeding, A108-44 Stone blend wearing course, A108-20 Storm drains, A108-33 Stormwater drainage systems, A108-32 Streetlighting, A108-47 Street signs, A108-12 Street trees, A108-45 Stripping and stockpiling soil, A108-17 Topsoil, A108-43 Trees, A108-43 HISTORICAL SOCIETY Defined, 100-13 SI -9 3-15-99 SOUTHOLD SUPPLEMENTAL INDEX HISTORIC BUILDINGS AND DISTRICTS Wireless communication facilities, 100-164 HISTORIC DISTRICT Defined, 56-3 HISTORIC STRUCTURE Defined, 46-4 HOME BUSINESS OFFICE Defined, 100-13 HOME PROFESSIONAL OFFICE Defined, 100-13 Noise, 100-31 Setbacks, 100-31 Signs, 100-31 Storage, 100-31 Zoning, 100-31 HOTELS AND MOTELS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 —I— ILLEGAL DUMPING Defined, 48-2 INDUSTRIAL DISTRICTS Wireless communication facilities, 100-162 INSPECTIONS Ethics Board, 10-23 Fishers Island Harbor manage- ment, 33-8 Highway specifications,, A108-49 Two -percent real estate transfer tax, 6-160 INVESTIGATIONS Ethics Board, 10-21 Peddlers, solicitors and transient retail merchants, 69-7 —L— LAND CLEARING Site plan approval, 100-259 LAND PRESERVATION COM- MITTEE Agricultural land preservation, 25-50 Appointments, 25-50, 59-50 Membership, 25-50,59-50 Open space preservation, 59-50 Powers and duties, 25-50, 59-50 Terms of office, 25-50, 59-50 LANDSCAPING Highway specifications, A108-43 Site plan approval, 100-252 Wireless communication facilities, 100-166 LIABILITY Fishers Island Harbor manage- ment, 33-12 Flood damage prevention, 46-10 Recording Officer, 6-120 Two -percent real estate transfer tax, 6-90, 6-120, 6-130, 6-145 LICENSES Peddlers, solicitors and transient retail merchants, 69-1— 69-13 Shellfish, 77-202 LIENS Fishers Island Harbor manage- ment, 33-8, 33-12 Two -percent real estate transfer tax, 6-150 LIFE CARE COMMUNITY Defined, 100-13 Zoning, 100-31 LIGHT INDUSTRIAL (LI) DIS- TRICT Area, yard and bulk regulations, 100-143 Setbacks, 100-143 Zoning, 100-140 —100-143 LIGHT INDUSTRIAL PARK/PLANNED OFFICE PARK (LIO) DISTRICT Area, yard and bulk regulations, 100-133 Setbacks, 100-133 Zoning, 100-130 — 100-133 LIGHT INDUSTRIAL USES Defined, 100-13 LIGHTING Parks and recreation areas, 100-239.5 Signs, 100-206 Site plan approval, 100-252 Wireless communication facilities, 100-165 SI -10 3-15-99 • • • SOUTHOLD SUPPLEMENTAL INDEX Zoning, 100-239-5 LIMITED BUSINESS (LB) DIS- TRICT Area, yard and bulk regulations, 100-83 Setbacks, 100-83 Zoning, 100-80 — 100-83 LIVING AREA Defined, 100-13 LOCAL ADMINISTRATOR Defined, 46-4 LOTS Zoning, 100-24, 100-25 _M_ MAJOR ADDITION Defined, 37-6 MANUFACTURED HOMES Flood damage prevention, 46-15, 46-21 MARINE DISTRICTS Wireless communication facilities, 100-162 MEAN LOW WATER Defined, 37-6 MEETINGS Fishers Island Harbor Committee, 33-3 MEMBERSHIP Architectural Review Committee, 100-258 Ethics Board, 10-19 Land Preservation Committee, 25-50,59-50 MERCHANTS, see PEDDLERS, SOLICITORS AND TRAN- SIENT RETAIL MERCHANTS MOORING Boats, 32-39.3 Boats, docks and wharves, 32-39.4 Fishers Island Harbor manage- ment, 33-6, 33-8, 33-9 MOORING PERMITS Fishers Island Harbor manage- ment, 33-6 MOVABLE STRUCTURE Defined, 37-6 —N— NATURAL PROTECTIVE FEA- TURE Defined, 37-6 NATURAL PROTECTIVE FEA- TURE AREA Defined, 37-6 NEARSHORE AREA Defined, 37-6 NEW MANUFACTURED HOME PARK OR SUBDIVISION Defined, 46-4 NEWSPAPER Defined, 48-1 NOISE Farmland Bill of Rights, 100-222 Home professional office, 100-31 Peddlers, solicitors and transient retail merchants, 69-10 NONCONFORMING USES Farm stands, 47-5 Wireless communication facilities, 100-168 NONRECYCLABLE WASTE Defined, 48-2 Garbage, rubbish and refuse, 48-2, 48-3 NORMAL MAINTENANCE Defined, 37-6 NOTICE OF PUBLIC HEARING Board of Appeals, 100-275 Providing notice of public hear- ings, 58-1 Site plan approval, 100-254 Subdivision of land, A106-23, A106-24 Zoning, 100-292 NOTICES Boats, docks and wharves, 32-39.4 Coastal erosion hazard area, 37-21, 37-22 Communicable/infectious diseases, A107-43.1 Farmland Bill of Rights, 100-223, 100-224 Fishers Island Harbor Committee, 33-3 Fishers Island Harbor manage- ment, 33-12 Pro -arrest policy, A107-35.1 SI -11 3-15-99 SOUTHOLD SUPPLEMENTAL INDEX Site plan approval, 100-254 Two -percent real estate transfer tax, 6-135, 6-145 NUISANCES Farmland Bill of Rights, 100-222 —O— OBSTRUCTIONS Peddlers, solicitors and transient retail merchants, 69-10 Sidewalks, 80-2 ODORS Farmland Bill of Rights, 100-222 OFFICERS AND EMPLOYEES Ethics, Code of, 10-1-10-26 OFF -PREMISES SIGN Defined, 100-13 OFF-STREET PARKING AND LOADING Site plan approval, 100-252 OPEN SPACE PRESERVATION Land Preservation Committee, 59-50 ORDER OF PROTECTION Defined, A107-35.1 OUTSIDE EMPLOYER Defined, 10-2 _P_ PARKING Agricultural -Conservation (A -C) District, 100-32 Farm stands, 47-3 Handicapped parking, 92-48 Salvaging centers, 74-4 Vehicles and traffic, 92-47, 92-60 PARKING AT BEACHES Fishers Island, 65-3.1 PARKS AND RECREATION AR- EAS Lighting, 100-239.5 PATIO Defined, 100-13 PEDDLER Defined, 69-1 PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MER- CHANTS Canvassing for religious purposes, 69-14 Definitions, 69-2 Dust, 69-10 Exemptions, 69-4 Fees, 69-4, 69-9 Hearings, 69-11 Investigations, 69-7 Legislative intent, 69-1 Licenses, 69-1— 69-13 Noise, 69-10 Obstructions, 69-10 Penalties for offenses, 69-13 Permitted activities, 69-5 Records, 69-8 Registration, 69-3, 69-6 Restrictions, 69-10 Sales, 69-1— 69-13 Signs, 69-12 Vehicles, 69-10 PENALTIES FOR OFFENSES Affordable Housing (AHD) Dis- trict, 100-59 Alarm systems, 24-8 Burning, outdoor, 36-5 Coastal erosion hazard area, 37-47 Ethics, Code of, 10-24 Farmland Bill of Rights, 100-225 Farm stands, 47-6 Fishers Island Harbor manage- ment, 33-14 Flood damage prevention, 46-9 Peddlers, solicitors and transient retail merchants, 69-13 Salvaging centers, 74-6 Site plan approval, 100-259 Two -percent real estate transfer tax, 6-155 PERMITS Alarm systems, 24-3, 24-4 Boats, docks and wharves, 32-39.3, 32-39.4 Coastal erosion hazard area, 37-11, 37-12, 37-40 Farm stands, 47-2 — 47-4 Fishers Island, 65-3.1 SI -12 3-15-99 • • • • SOUTHOLD SUPPLEMENTAL INDEX Fishers Island Harbor manage- ment, 33-6 Flood damage prevention, 46-12, 46-13 Handicapped parking, 92-48 Public entertainment and special events, 71-1 Salvaging centers, 74-2, 74-3, 74-5 Signs, 100-209 PERSON Defined, 10-2, 37-6, 69-1 PERSONAL WATERCRAFT Defined, 32-31 PLASTICS Defined, 48-1 POLICE DEPARTMENT RULES AND REGULATIONS Communicable/infectious diseases, A107-43.1 Pro -arrest policy, A107-35.1 POWERS AND DUTIES Administrator, 37-42 Building Inspector, 46-14 Ethics Board, 10-20 Fishers Island Harbor Committee, 33-3 Land Preservation Committee, 25-50,59-50 Records Advisory Board, 72-5 Records Management Officer, 72-4 PRIMARY DUNE Defined, '37-6 PRIMARY FRONTAL DUNE Defined, 46-4 PRO -ARREST POLICY Accusatory instrument, A107-35.1 Definitions, A107-35.1 General provisions, A107-35.1 Notices, A107-35.1 Orders of protection, A107-35.1 Police Department rules and regulations, A107-35.1 Procedure, A107-35.1 Protection of identity of victim, A107-35.1 Purpose, A107-35.1 PROBABLE CAUSE Defined, A107-35.1 PUBLIC ENTERTAINMENT AND SPECIAL EVENTS Bazaars, 71-1 Certain entertainment restricted, 71-1 Circuses, 71-1 Fairs, 71-1 Fees, 71-1, 100-274 Outdoor shows, 71-1 Permits, 71-1 Wineries outdoor events, 71-1 _Q_ QUALIFICATIONS Architectural Review Committee, 100-258 Ethics Board, 10-19 —R— RAFTING Fishers Island Harbor manage- ment, 33-10 RAMPS Boats, docks and wharves, 32-32.1 RECEDING EDGE Defined, 37-6 RECESSION RATE Defined, 37-6 RECORDING OFFICER Designation, 6-115 Liability, 6-120 Two -percent real estate transfer tax, 6-115, 6-120 RECORDS Communicable/infectious diseases, A107-43.1 Defined, 72-3 Ethics Board, 10-23 Peddlers, solicitors and transient retail merchants, 69-8 Two -percent real estate transfer tax, 6-85 RECORDS ADVISORY BOARD Powers and duties, 72-5 Records management, 72-5 RECORDS CENTER Defined, 72-3 SI -13 3-15-99 SOUTHOLD SUPPLEMENTAL INDEX RECORDS DISPOSITION Defined, 72-3 RECORDS MANAGEMENT Custody and control of records, 72-6 Definitions, 72-3 Disposition of records, 72-7 Intent, 72-1 Program established, 72-2 Records Advisory Board, 72-5 Records Management Officer, 72-4,72-6 Records management officer, 72-2 RECORDS MANAGEMENT OF- FICER Powers and duties, 72-4 Records management, 72-2, 72-4 RECREATIONAL FACILITIES Defined, 100-13 RECREATIONAL VEHICLES Defined, 46-4 Flood damage prevention, 46-21 RECYCLABLE, MANDATED Defined, 48-1 RECYCLABLE, OTHER Defined, 48-1 RECYCLABLE WOOD Defined, 48-1 REGISTRATION Peddlers, solicitors and transient retail merchants, 69-3, 69-6 REGULATED ACTIVITY Defined, 37-6 RELATIVE Defined, 10-2 RESIDENCY REQUIREMENTS Architectural Review Committee, 100-258 RESIDENTIAL DISTRICTS Wireless communication facilities, 100-162 RESTAURANT, FORMULA FOOD Defined, 100-13 RESTAURANT, TAKE-OUT Defined, 100-13 RESTORATION Defined, 37-6 RETAINING WALL Defined, 100-13 _S_ SALARIES AND COMPENSA- TION Architectural Review Committee, 100-258 SALES Boats, unnavigable, 33-12 Local produce, 100-31 Peddlers, solicitors and transient retail merchants, 69-1— 69-13 SALVAGE CENTER Defined, 74-1 SALVAGING CENTERS Definitions, 74-1 Fees, 74-3 Parking, 74-4 Penalties for offenses, 74-6 Permits, 74-2, 74-3, 74-5 SCALP NET Defined, 77-201 SCREENING Highway specifications, A108-43 Site plan approval, 100-252 Wireless communication facilities, 100-166 SECONDARY DUNE Defined, 37-6 SERVICING Defined, 72-3 SETBACKS Farm stands, 47-3 General Business (B) District, 100-103 Home professional office, 100-31 Light Industrial (LI) District, 100-143 Light Industrial Park/Planned Of- fice Park (LIO) District, 100-133 Limited Business (LB) District, 100-83 Wireless communication facilities, 100-165 SEWAGE Fishers Island Harbor manage- ment, 33-11 SHELLFISH Eels, 77-208.1 Licenses, 77-202 Vegetation removal prohibited, 77-211.2 SI -14 3-15-99 C7 • J SOUTHOLD SUPPLEMENTAL INDEX SHOPPING CENTERS Defined, 100-13 SIDEWALKS Highway specifications, A108-40 Intent, 80-1 Obstructions, 80-2 Snow and ice removal, 80-2 SIGNIFICANT FISH AND WILD- LIFE HABITAT Defined, 37-6 SIGNS Bed -and -breakfast, 100-31 Fees, 45-8 Highway specifications, A108-12 Home professional office, 100-31 Lighting, 100-206 Nonconforming signs, 100-209 Peddlers, solicitors and transient retail merchants, 69-12 Permits, 100-209 Specific sign requirements, 100-205.1 Specific signs, 100-205 Transition, 100-208 Uniform Fire Prevention and Building Code, 45-8 Unsafe, abandoned and unlawful signs, 100-207 Wireless communication facilities, 100-165 SINGLE-FAMILY DWELLINGS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 SITE PLAN APPROVAL Applicability, 100-250 Application requirements, 100-256 Approval of plan required, 100-253 Architectural review, 100-257, 100-258 Building permits, 100-252 Certificate of occupancy, 100-252 Drainage, 100-252 Duration of plan, 100-255 Fees, 100-256 Findings of fact, 100-251 Guaranties, 100-254 Hearings, 100-254 Land clearing, 100-259 Landscaping, 100-252 Lighting, 100-252 Notice of public hearing, 100-254 Notices, 100-254 Objectives, 100-252 Off-street parking and loading, 100-252 Penalties for offenses, 100-259 Purpose, 100-251 Review procedure, 100-254 Screening, 100-252 Utilities, 100-252 Variances, 100-254 Zoning, 100-250 — 100-256 SMOKE Farmland Bill of Rights, 100-222 SNOW AND ICE REMOVAL Sidewalks, 80-2 SOLICITORS Defined, 69-1 See also PEDDLERS, SOLICI- TORS AND TRANSIENT RE- TAIL MERCHANTS SOUTHOLD COMMUNITY PRESERVATION FUND, see COMMUNITY PRESERVA- TION FUND SPECIAL EVENTS Fees, 100-274 See also PUBLIC ENTERTAIN- MENT AND SPECIAL EVENTS SPECIAL EXCEPTION USES Wireless communication facilities, 100-163 SPECIALTY PROP -CRAFT Defined, 32-31 SPEED LIMITS Fishers Island Harbor manage- ment, 33-4 STOP -WORK ORDERS Flood damage prevention, 46-14 STORAGE . Home professional office, 100-31 Long-term outdoor display or stor- age, 100-239.7 Zoning, 100-239.6, 100-239.7 STREETLIGHTING - Highway specifications, A108-47 STRUCTURAL HAZARD AREA Defined, 37-6 SI -15 3-15-99 SOUTHOLD SUPPLEMENTAL INDEX STRUCTURE Defined, 37-6 STYLE OF ARCHITECTURE Defined, 56-3 SUBDIVISION OF LAND Flood damage prevention, 46-15 Notice of public hearing, A106-23, A106-24 SUBORDINATE OF A TOWN OFFICER OR EMPLOYEE Defined, 10-2 SUBSTANTIAL DAMAGE Defined, 46-4 SWIMMING POOLS Fees, 45-8 Uniform Fire Prevention and Building Code, 45-8 —T— TAXATION Disabled persons with limited in- come, tax exemption for, 85-9 Exemption granted, 85-9 Veterans' exemption, 85-7, 85-8 TELECOMMUNICATION TOWER Defined, 100-13 TERMS OF OFFICE Architectural Review Committee, 100-258 Ethics Board, 10-19 Fishers Island Harbor Committee, 33-3 Land Preservation Committee, 25-50,59-50 TOE Defined, 37-6 TOPSOIL Highway specifications, A108-43 TOPSOIL PROTECTION Farm stands, 47-3 TOWERS Wireless communication facilities, 100-162, 100-165, 100-166 TOWN GARBAGE BAG Defined, 48-2 Garbage, rubbish and refuse, 48-2 TOWN OFFICER OR EMPLOYEE Defined, 10-2 TOWN TRANSFER STATION Garbage, rubbish and refuse, 48-3 TRANSFER STATION Defined, 48-1 TRANSIENT MERCHANTS, see PEDDLERS, SOLICITORS AND TRANSIENT RETAIL MER- CHANTS TRANSIENT RETAIL BUSINESS Defined, 69-1 TREES Highway specifications, A108-43, A108-45 Wireless communication facilities, 100-162,100-166 TWO -PERCENT REAL ESTATE TRANSFER TAX Additional exemptions, 6-100 Appeals, 6-145 Applicability, 6-80 Apportionment of consideration subject to tax for property lo- cated only partly within town, 6-140 Community Preservation Fund, 6-70-6-175 Confidentiality, 6-160 Cooperative housing corporation transfers, 6-110 Costs and expenses, 6-135 Credit, 6-105 Definitions, 6-75 Deposit and disposition of revenue, 6-130 Designation of agent by County Treasurer,6-115 Determination of tax, 6-145 Exemptions from tax, 6-95 Hearings, 6-145 Imposition of tax, 6-80 Inspections, 6-160 Interest, 6-155 Intergovernmental agreement authority, 6-165 Judicial review, 6-135 Liability, 6-90, 6-120, 6-130, 6-145 Liens, 6-150 Notices, 6-135, 6-145 Overpayment or underpayment, 6-130 SI -16 3-15-99 • • • • SOUTHOLD SUPPLEMENTAL INDEX Payment of tax, 6-85 Penalties for offenses, 6-155 Proceedings to recover tax due, 6-150 Recording Officer, 6-115, 6-120 Records, 6-85 Referendum requirement, 6-175 Refunds, 6-125 Remedies, 6-145 Return, filing of, 6-85 Town Supervisor, petition to, 6-145 Use of tax, 6-80 Warrants, 6-150 _U_ UNIFORM FIRE PREVENTION AND BUILDING CODE Accessory buildings, 45-8 Buildings, demolition of, 45-8 Farm buildings, 45-8 Fees, 45-8 Hotels and motels, 45-8 Signs, 45-8 Single-family dwellings, 45-8 Swimming pools, 45-8 UNREGULATED ACTIVITY Defined, 37-6 UNSAFE BUILDINGS Unsafe premises prohibited, 90-3 UTILITIES Defined, 100-51 Flood damage prevention, 46-16 Site plan approval, 100-252 _V_ VARIANCES Coastal erosion hazard area, 37-30 — 37-39 Flood damage prevention, 46-23 Site plan approval, 100-254 VEGETATION Defined, 37-6 VEHICLES Peddlers, solicitors and transient retail merchants, 69-10 VEHICLES AND TRAFFIC Fire wells, 92-47 Parking, 92-47, 92-60 VETERANS' EXEMPTION Amount of exemption, 85-8 Taxation, 85-7, 85-8 VIBRATIONS Farmland Bill of Rights, 100-222 —W— WATERSKIING Fishers Island Harbor manage- ment, 33-5 WIRELESS COMMUNICATION FACILITIES Airport regulations, 100-166 Antennas, 100-165 Appearance, 100-166 Area, yard and bulk regulations, 100-165 Collocation, 100-165 Commercial districts, 100-162, 100-166 Design standards, 100-165 Fences, 100-165 Height regulations, 100-162 Historic buildings and districts, 100-164 Industrial districts, 100-162 Landscaping, 100-166 Lighting, 100-165 Location of use, 100-162 Marine districts, 100-162 Nonconforming uses, 100-168 Removal, 100-168 Residential districts, 100-162 Screening, 100-166 Setbacks, 100-165 Signs, 100-165 Special exception uses, 100-163 Towers, 100-162, 100-165, 100-166 Trees, 100-162, 100-166 Zoning, 100-160 —100-169 WIRELESS COMMUNICATIONS Defined, 100-13 SI -17 3-15-99 SOUTHOLD SUPPLEMENTAL INDEX _Z_ ZONING Adoption of Local Laws, 14-6 Affordable Housing (AHD) Dis- trict, 100-50 — 100-59 Bed -and -breakfast, 100-31, 100-281 Definitions, 100-25 Exceptions, 100-25 Farmland Bill of Rights, 100-220 — 100-226 General Business (B) District, 100-100 — 100-103 Health care facilities, 100-31 Hearings, 100-26 Home professional office, 100-31 Life care community, 100-31 Light Industrial (LI) District, 100-140 —100-143 Light Industrial Park/Planned Of- fice Park (LIO) District, 100-130 — 100-133 Lighting, 100-239-5 Limited Business (LB) District, 100-80 —100-83 Lots, 100-24, 100-25 Merger, 100-25 Merger, waiver of, 100-26 Notice of public hearing, 100-292 Outdoor storage, 100-239.6, 100-239.7 Sale of local produce, 100-31 Site plan approval, 100-250 — 100-256 Wireless communication facilities, 100-160 — 100-169 ZONING BOARD OF APPEALS Flood damage prevention, 46-22 SI -18 3-15-99 • is